BB 8-26-20

Official Publication of the State Bar of New Mexico

August 26, 2020 • Volume 59, No. 16

Etude with Aquamarine, by Bette Ridgeway (see page 3)

www.ridgewaystudio.com

Inside This Issue Bernalillo County Metropolitan Court Notice of E-Filing......................................................................... 4 State Bar of New Mexico 2020 Annual Awards...................... 6 New Mexico Judges and Lawyers Program: Crisis Fatigue with a Side of Humor.................................................... 8 Announcing the 2021 Judicial Clerkship Program.............. 10

Clerks Certificates...................................................................... 14 From the New Mexico Court of Appeals 2019-NMCA-071: N.M. Construction Indus.

Div. v. Cohen......................................................................... 19

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Bar Bulletin - August 26, 2020 - Volume 59, No. 16

Table of Contents

Officers, Board of Bar Commissioners Ernestina R. Cruz , President Carla C. Martinez, President-elect Carolyn Wolf , Secretary Treasurer Gerald G. Dixon, Immediate Past President Board of Editors Gabrielle Dorian, Chair Michael Eshleman James Kalm Matthew Ramirez

Gregory B. Dawkins Debora K. Gerads Anne E. Minard Constance Tatham

State Bar Staff Executive Director Richard Spinello Director of Communications Evann Kleinschmidt Graphic Designer Julie Sandoval jsandoval@nmbar.org Account Executive Marcia C. Ulibarri 505-797-6058 • mulibarri@nmbar.org Communications Coordinator Cassandra Scott 505-797-6040 • notices@nmbar.org ©2020, State Bar of New Mexico. No part of this publication may be reprinted or otherwise reproduced without the publisher’s written permission. The Bar Bulletin has the authority to edit letters and materials submitted for publication. Publishing and editorial decisions are based on the quality of writing, the timeliness of the article, and the potential interest to readers. Appearance of an article, editorial, feature, column, advertisement or photograph in the Bar Bulletin does not constitute an endorsement by the Bar Bulletin or the State Bar of New Mexico. The views expressed are those of the authors, who are solely responsible for the accuracy of their citations and quotations. State Bar members receive the Bar Bulletin as part of their annual dues. The Bar Bulletin is available at the subscription rate of $125 per year and is available online at www.nmbar.org.

The Bar Bulletin (ISSN 1062-6611) is published twice a month by the State Bar of New Mexico, 5121 Masthead NE, Albuquerque, NM 87109-4367. Periodicals postage paid at Albuquerque, NM. Postmaster: Send address changes to Bar Bulletin, PO Box 92860, Albuquerque, NM 87199-2860.

505-797-6000 • 800-876-6227 • Fax: 505-828-3765 address@nmbar.org • www.nmbar.org

August 26, 2020 • Vol. 59, No. 16

Notices .................................................................................................................................................................4 State Bar of New Mexico 2020 Annual Awards.......................................................................................6 New Mexico Judges and Lawyers Assistance Program: Crisis Fatigue with a Side of Humor.......................................................................................................................................8 Announcing the 2021 Judicial Clerkship Program............................................................................. 10 Calendar of Legal Education...................................................................................................................... 11 Court of Appeals Opinions List.................................................................................................................. 13 Clerk's Certificates.......................................................................................................................................... 14 From the New Mexico Court of Appeals 2019-NMCA-071: Construction Indus. Div. v. Cohen................................................................ 19 Advertising....................................................................................................................................................... 23

Meetings

Workshops and Legal Clinics

August

August

25 Natural Resources, Energy and Environmental Law Section Board Noon, teleconference

26 Consumer Debt/Bankruptcy Workshop 6-8 p.m., Video Conference For more details and to register, call 505-797-6094

27 Trial Practice Section Board Noon, teleconference 28 Cannabis Law Section Board 9 a.m., teleconference 28 Immigration Law Section Board Noon, teleconference

September 1 Health Law Section Board 9 a.m., teleconference 2 Employment and Labor Law Section Board Noon, teleconference 8 Appellate Practice Section Board Noon, teleconference

September 2 Divorce Options Workshop 6-8 p.m., Video Conference For more details and to register, call 505-797-6022 23 Consumer Debt/Bankruptcy Workshop 6-8 p.m., Video Conference For more details and to register, call 505-797-6094

October 7 Divorce Options Workshop 6-8 p.m., Video Conference For more details and to register, call 505-797-6022 28 Consumer Debt/Bankruptcy Workshop 6-8 p.m., Video Conference For more details and to register, call 505-797-6094

About Cover Image and Artist: In her four decade career, Bette Ridgeway has exhibited her work globally with over 80 museums, universities and galleries, including: Palais Royale, Paris and Embassy of Madagascar. Multiple prestigious awards include Top 60 Contemporary Masters, Leonardo DaVinci Prize, and Oxford University Alumni Prize at Chianciano Art Museum, Tuscany, Italy. Mayo Clinic and Federal Reserve Bank are amongst Ridegway's permenant public placements, in addition to countless important private collections. Many books and publications have featured her work, among them: International Contemporary Masters and 100 Famous Contemporary Artists. Ridgeway has also penned several books about her art and process.

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

3

Notices Court News

New Mexico Supreme Court Rule-Making Activity

To view recent Supreme Court rulemaking activity, visit the Court's website at https://supremecourt.nmcourts.gov/.

To view all New Mexico Rules Annotated, visit New Mexico OneSource at https://nmonesource.com/nmos/en/nav. do.

Supreme Court Law Library

The Supreme Court Law Library is open to the legal community and public at large. The Library has an extensive legal research collection of print and online resources. The Law Library is located in the Supreme Court Building at 237 Don Gaspar in Santa Fe. Building hours: Monday-Friday 8 a.m.-5 p.m. Library Hours: Monday-Friday 8 a.m.-noon and 1 p.m.-5 p.m. For more information call: 505-827-4850, email: libref@nmcourts.gov or visit https:// lawlibrary.nmcourts.gov.

Retirement Postponement

New Mexico Supreme Court Chief Justice Judith K. Nakamura’s retirement has been postponed. In light of Justice Nakamura’s announcement regarding the postponement of her retirement, the Supreme Court Judicial Nominating Commission hearing that had been scheduled for July 9 is hereby postponed until further notice.

Second Judicial District Court Notice to Attorneys

Pursuant to the Constitution of the State of New Mexico, Judge Cristina T. Jaramillo, Division VIII, will be transferring from the Criminal Court to the Children’s Court.

Effective Aug. 31, Judge Jaramillo will be assigned various cases previously assigned to Judge Marie C. Ward, Division XIV, Judge John J. Romero, Division VII and Judge William Parnall, Division I. Individual notices of reassignment will be sent out for all cases where a defendant is represented by a member of the private bar and an e-mail notice regarding reassignment will be sent to the Law Offices of the Public Defender, District Attorney’s Office, and the New Mexico Children Youth and Families Department.

Pursuant to New Mexico Supreme Court Order 20-8500-0025, peremptory excusals have been temporarily suspended during the COVID-19 Public Health Emergency.

4

Professionalism Tip With respect to the courts and other tribunals: In civil matters, I will stipulate to facts when there is no genuine dispute.

Twelfth Judicial District Court

Notice of Mass Case Reassignment

Effective July 15, a mass reassignment of Division I, II, III and IV family law cases, and Division I and Division IV civil and probate/mental health cases were reassigned to the Honorable Ellen Jessen, Division V, pursuant to Rules 23-109 and 1-088.1, NMRA. Pursuant to New Mexico Supreme Court Order 20-8500-0025, peremptory excusals have been temporarily suspended during the COVID-19 Public Health Emergency.

Bernalillo County Metropolitan Court

New Landlord-Tenant Settlement Program

A mediation program specifically for people involved in landlord-tenant disputes was launched earlier this month. The Landlord-Tenant Settlement Program will give landlords and tenants the opportunity to work out business agreements beneficial to both sides. To be eligible, participants must have an active landlord-tenant case in the Metropolitan Court. The service is free, and parties in a case will work with a volunteer settlement facilitator specially trained in housing matters. Many of the facilitators are retired judges and experienced attorneys who will provide services pro bono. Those interested in participating in the Landlord-Tenant Settlement Program or serving as a volunteer settlement facilitator are asked to contact the court’s Mediation Division at: 505-841-8167.

Notice of E-Filing

E-filing is coming to Metro Court for attorneys in civil cases. Remote training is available. To register and for more information, visit www.nmcourts.gov/ efiling.aspx.

State Bar News

COVID-19 Pandemic Updates

The State Bar of New Mexico is committed to helping New Mexico lawyers respond optimally to the developing COVID-19 coronavirus situation. Visit www.nmbar.org/covid-19 for a compilation of resources from national and local

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

health agencies, canceled events and frequently asked questions. This page will be updated regularly during this rapidly evolving situation. Please check back often for the latest information from the State Bar of New Mexico. If you have additional questions or suggestions about the State Bar's response to the coronavirus situation, please email Executive Director Richard Spinello at rspinello@nmbar.org.

Reopening of Building

The State Bar of New Mexico has reopened to members and the public.

Availability is limited pursuant to the current State health orders. To book a room, call 505-797-6000 or email sbnm@nmbar. org.

New Mexico Judges and Lawyers Assistance Program

We’re now on Facebook! Search "New Mexico Judges and Lawyers Assistance Program" to see the latest research, stories, events and trainings on legal well-being!

Monday Night Support Group

• Aug. 31 • Sept. 7 • Sept. 14 This group will be meeting every Monday night via Zoom. The intention of this support group is the sharing of anything you are feeling, trying to manage or struggling with. It is intended as a way to connect with colleagues, to know you are not in this alone and feel a sense of belonging. We laugh, we cry, we BE together. Email Pam at pmoore@nmbar. org or Briggs Cheney at BCheney@ DSC-LAW.com and you will receive an email back with the Zoom link.

Employee Assistance Program

Managing Stress Tool for Members

A negative working environment may lead to physical and mental health problems, harmful use of substances or alcohol, absenteeism and lost productivity. Workplaces that promote mental health and support people with mental disorders are more likely to reduce absenteeism, increase productivity and benefit from associated economic gains.

Whether in a professional or personal setting, most of us will experience the effects of mental health conditions either directly or indirectly at some point in our lives. The N.M. Judges and Lawyers Assistance Program is available to assist in addition to our contracted Employee Assistance Program (EAP). No matter what you, a colleague, or family member is going through, The Solutions Group, the State Bar’s FREE EAP, can help. Call 866-254-3555 to receive FOUR FREE counseling sessions per issue, per year! Every call is completely confidential and free For more information, https://www.nmbar.org/jlap or https://www. solutionsbiz.com/Pages/default.aspx.

week summer internship program open to all second-year diverse law students. While the hope is that the Clerkship will take place in person, the on-going developments with COVID-19 will dictate the implementation of the program. The 2021 Clerkship may take place virtually or as a hybrid of virtual/in-person attendance. The Clerkship will primarily take place with the New Mexico Supreme Court or with the New Mexico Court of Appeals.

Interested students must submit applications via PDF format no later than Monday, Aug. 31. To learn more about this program, visit www.nmbar.org/judicialclerkship.

UNM School of Law

2021 Judicial Clerkship Program

Applications Now Being Accepted

The State Bar of New Mexico will begin accepting applications for its Judicial Clerkship Program for second-year law students.

This program was jointly initiated by New Mexico Supreme Court’s Justice David K. Thomson and the State Bar’s Committee on Diversity and Young Lawyers Division. The program is a full-time (32 hours per week), 9

Law Library Hours Spring 2020

Building and Circulation Monday–Thursday 8 a.m.–8 p.m.

Friday 8 a.m.–6 p.m.

Saturday 10 a.m.–6 p.m.

Sunday Closed.

Reference Monday–Friday 9 a.m.–6 p.m.

—Featured—

Member Benefit MeetingBridge offers easy-to-use teleconferencing especially designed for law firms. You or your staff can set up calls and notify everyone in one simple step using our Invitation/R.S.V.P. tool.

No reservations are required to conduct a call. Client codes can be entered for easy tracking. Operator assistance is available on every call by dialing *0.

Call 888-723-1200, or email sales@meetingbridge.com or visit meetingbridge.com/371.

Feeling overwhelmed about the coronavirus? We can help!

FREE SERVICE FOR MEMBERS!

Employee Assistance Program Get help and support for yourself, your family and your employees.

FREE service offered by NMJLAP.

JUDGES AND LAWYERS ASSISTANCE PROGRAM

Services include up to four FREE counseling sessions/ issue/year for ANY mental health, addiction, relationship conflict, anxiety and/or depression issue. Counseling sessions are with a professionally licensed therapist. Other FREE services include management consultation, stress management education, critical incident stress debriefing, video counseling, and 24X7 call center. Providers are located throughout the state.

To access this service call 855-231-7737 and identify with NMJLAP. All calls are CONFIDENTIAL. Brought to you by the New Mexico Judges and Lawyers Assistance Program www.nmbar.org/JLAP Bar Bulletin - August 26, 2020 - Volume 59, No. 16

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2020 Annual Awards The Annual awards recognize those who have distinguished themselves or who have made exemplary contributions to the State Bar or legal profession in the past year.

The awards will be presented during the virtual 2020 Annual Meeting and Member Appreciation Event on Sept. 25.

DEBORAH S. DUNGAN

Judge Sarah M. Singleton Distinguished Service Award Recognizes attorneys who have provided valuable service and contributions to the legal profession, the State Bar of New Mexico and the public over a significant period of time.

RENEE VALDEZ

Distinguished Bar Service Non-Lawyer Award Recognizes non-lawyers who have provided valuable service and contributions to the legal profession over a significant period of time.

WILLIAM D. SLEASE

Justice Pamela B. Minzner Professionalism Award Recognizes attorneys and/or judges who, over long and distinguished legal careers, have by their ethical and personal conduct exemplified for their fellow attorneys the epitome of professionalism.

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Bar Bulletin - August 26, 2020 - Volume 59, No. 16

NEW MEXICO IMMIGRANT LAW CENTER Outstanding Legal Organization

Recognizes outstanding or extraordinary law-related organizations or programs that serve the legal profession and the public.

VERĂ“NICA C. GONZALES-ZAMORA

Outstanding Young Lawyer of the Year Award Awarded to attorneys who have, during the formative stages of their legal careers by their ethical and personal conduct, exemplified for their fellow attorneys the epitome of professionalism by demonstrating a commitment to clients’ causes and to public service, enhancing the image of the legal profession.

JULIA H. BARNES

Robert H. LaFollette Pro Bono Award Presented to an attorney who has made an exemplary contribution of time and effort, without compensation, to provide legal assistance over his or her career to people who could not afford the assistance of an attorney.

JUDGE ALVIN F. JONES (POSTHUMOUSLY) Justice Seth D. Montgomery Distinguished Judicial Service Award

Recognizes judges who have distinguished themselves through long and exemplary service on the bench and who have significantly advanced the administration of justice or improved the relations between the bench and the bar.

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

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Crisis Fatigue With A Side of Humor

By Pamela Moore, MA, LPCC, Director, New Mexico Judges and Lawyers Assistance Program

R

ight now, my bed is my favorite place in my house. Sometimes I just want to stay there for hours, even after I am awake. Has it always been my favorite place in my home, you ask? No, this is a recent development. Well, what has changed recently that would cause this shift? Yes, this is a sarcastic question. Where do I begin?

In a recent Kaiser Family Foundation poll, 47% of American adults who are self-isolating said the pandemic has had a negative impact on their mental health. Of those who said they are not self-isolating at home, 37% reported a negative impact on their mental health due to stress and worry about the pandemic. I’m going to go out on a limb here and say that the pandemic has affected just about every person over the age of 2 in some way, shape or form. Even those twoyear olds are feeling the tension or negative energy coming from caregivers that are worried about jobs, the economy, family, friends, evictions, school, the healthcare system, travel, etc. To me, life right now seems a bit….flavorless….and day-less. Working from home, eating at home, attending meetings from home became established and time began to blend together. Days became indistinguishable from each other. I have heard the phrase “Groundhog Day” so many times, more times than when the movie came out.

What I am feeling in those moments when I want to stay in bed for hours, pull the covers over my head, and hide is overwhelmed and a sense of being trapped. In the first minute my mind will suggest that hiding in the comfy space underneath the covers in the dark, will send the heaviness of circumstances and responsibility far away into the abyss, and in the next minute, my mind finally admits that staying in bed is a fake shelter, and I need to get up and face reality.

We all go through periods of feeling overwhelmed, or trapped by our circumstances, personal and/or work-related, sometimes due to our own choices and behaviors, but sometimes due to circumstances that are outside of our control. It is safe to say the majority of Americans right now are feeling overwhelmed by Covid related life, dubbed crisis fatigue.

Crisis fatigue is a period of time where we feel exhausted, angry, scared, annoyed, worried, hypervigilant, desperate and/or sad by an event or series of events that have not alleviated. One of the worst parts about this pandemic is the unknown of when there will be some remission of the situation. Let’s not forget about the layering of other stressors in the US and world that only adds to us asking, “What the hell is going on here?”.

or symptoms of feeling Let’s look at some other signs circumstances: overwhelmed or trapped by life 1.

Feeling angry, irritated, annoyed or agitated to the point that it is hard to hold the emotion without taking action to “tamp it down”.

2.

Intense feelings of sadness, numbness or emotionally tired most of the time.

3.

Increasingly negative self-talk that seems loud and incessant.

4.

Trouble sleeping through the night, meaning waking up in the middle of the night without being able to fall asleep easily, or trouble getting to sleep.

5.

An unfocused brain that causes an increase in mistakes and/or missing scheduled appointments.

6.

Lack of motivation in activities that you once enjoyed.

7.

Avoiding or tuning out especially when it comes to a change in behavior in answering emails, text messages or phone calls.

8.

Eating too much, not at all, or consuming more comfort or junk food.

9.

Increase in drinking or drugging.

10. Feeling under the weather or having more negative physical ailments such as headaches or sore throat.

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Bar Bulletin - August 26, 2020 - Volume 59, No. 16

But, getting back to my bed, a flavorless and dayless life existence, it’s not all bad and as I say when I present on legal well-being statistics, I won’t be all doom and gloom here, there is good news. I do know what day it is….Wednesday!

I think. And, I do have chocolate and mint chocolate chip ice cream in the freezer, so not everything is flavorless. We don’t do strawberry ice cream in this house. I don’t stay in bed too long after I wake up, I have to let the dogs out. I guess finding a mess to clean up is more motivation for me getting my butt moving than the fear of the world ending due to a pandemic.

e ice cream and In addition to eating chocolat some other ways to keep knowing what day it is, here are se times: crisis fatigue at bay during the 1. Laugh. Really, it helps to feel better, lighter. If you aren’t a funny person and don’t have funny friends, go online and find funny videos or memes. Everyday find something to smirk or laugh at. And then acquire some funny friends. https://www.helpguide.org/articles/mental-health/laughter-is-the-best-medicine.htm 2. Connect. Call somebody. I still call friends from elementary school and they know exactly what to say to help me feel better. Sometimes I will call a friend and tell them I need to vent and they just need to listen. Ask for what you need. Knowing that you are not doing “life” alone and that someone cares is HUGE. https://www.mayoclinic.org/healthy-lifestyle/adult-health/in-depth/friendships/art-20044860 3. Relax. Tell yourself to relax. This means take a deep breath (or two or ten), push your shoulders down, and tell yourself to calm down, relax, it’s going to be okay. Be present in this moment….you are okay.

Now you can think clearly to make a decision. https://www.healthline.com/health/how-to-calm-down#1 4. Exercise. Getting your heart rate up and breathing heavy helps your brain think a little clearer. Plus, it’s vital for your body. I’m sure you’ve seen and heard all the data on why exercise is so important. Make a commitment to move. Even better, do it outside in nature. https://disturbmenot.co/exercise-statistics/ 5. Sleep. This can be a problem for a lot of people. Most of the time, someone is having trouble going to sleep or waking up in the middle of the night and having trouble getting back to sleep. Have a bedtime routine that does not include reading emails, texts or watching the news. When you wake up in the middle of the night and thoughts start racing, tell yourself you will think about it when you wake up, but for right now, you need to go back to sleep. https://www.helpguide.org/articles/sleep/getting-better-sleep.htm 6. Gratitude. You’ve heard this a million times and sometimes it is annoying, “Think about what you are grateful for.” I get it. It’s hard for me to do this when I am angry, scared or frustrated. So, I think about what in my life I am grateful for when I’m not feeling those feelings. I practice it on a regular basis and it bends my mood to be more positive or optimistic. Try it for one week….everyday, see if you don’t feel better. https://www.health.harvard.edu/healthbeat/giving-thanks-can-make-you-happier 7. Control. You’re not in control, really. Life is not about you. Take your hands off the wheel a bit and enjoy the ride. Your life is an adventure, an exploration. Play. Say, “Hmmmm, not sure what’s going to happen here, but okay, let’s just go with it.” For more information: watch YouTube videos or read anything by Michael Singer.

There are many more self-care tools and tips, but these are some of my favorites, and they work. Don’t let life get flavorless, buy some chocolate ice cream, or if you must, strawberry, and call a friend. If you find yourself really struggling, like not getting out of bed even when you know the dogs can’t wait, call NMJLAP, (505) 228-1948, and we will do our best to help. At the very least, we will listen and empathize. We also contract with an EAP that offers 4 FREE counseling sessions to anybody in the NM legal community. Call (505) 254-3555 and identify with NMJLAP.

JUDGES AND LAWYERS ASSISTANCE PROGRAM Bar Bulletin - August 26, 2020 - Volume 59, No. 16

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Announcing the

L

ERKSHIP P CL R AM GR O

JUDI CI A

2021 Judicial Clerkship Program

2021

Justice David K. Thomson of the New Mexico Supreme Court, the State Bar of New Mexico Committee on Diversity in the Legal Profession and the Young Lawyers Division are proud to announce the application process is now open for the inaugural Judicial Clerkship Program. The purpose of this jointly initiated program is to provide opportunities to students who are members of traditionally underrepresented groups in the legal profession, particularly within the judiciary. An additional goal of the program is to prepare underrepresented individuals with the tools necessary to obtain judicial clerkships. The program provides opportunities to underrepresented students, which may include, but is not limited to, members of racial or ethnic minorities, women, identify as LGBTQ, students with disabilities, students who are economically disadvantaged.

About: The program is a full-time (32 hours per week), 9 week summer internship program open to all second-year diverse law students. While the hope is that the Clerkship will take place in person, the on-going developments with COVID-19 will dictate the implementation of the program. The 2021 Clerkship may take place virtually or as a hybrid of virtual/in-person attendance. The Clerkship will primarily take place with the New Mexico Supreme Court or with the New Mexico Court of Appeals. Interested students must submit applications via PDF format no later than Monday, Aug. 31.

To learn more about the application qualifications and process, please visit www.nmbar.org/judicialclerkship.

For more information, contact Member Services at memberservices@nmbar.org

Inte in fu rested cler n ksh ding a i p Con tact positio n M Serv embe ? r ices !

YOUNG LAWYERS DIVISION

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Bar Bulletin - August 26, 2020 - Volume 59, No. 16

Legal Education August 27

The Intersection of Accounting and Litigation: How to Explain a Financial Story to a Judge and Jury

5.0 G, 1.6 EP

Live Webinar

Center for Legal Education of NMSBF www.nmbar.org

September 1

Choice of Entity for Nonprofits & Obtaining Tax Exempt Status, Part 1

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

15

Income and Fiduciary Tax Issues for Trust and Estate Planners, Part 1

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

2

16

Choice of Entity for Nonprofits & Obtaining Tax Exempt Status, Part 2

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

Income and Fiduciary Tax Issues for Trust and Estate Planners, Part 2

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

2020 Solo and Small Firm Institute 11

3.5 G, 1.5 EP

Live Webinar

Center for Legal Education of NMSBF www.nmbar.org

Word Master Class on Formatting Complex Pleadings

1.0 G

Live Webinar

Center for Legal Education of NMSBF www.nmbar.org

Basics to Trust Accounting: How to Comply with Disciplinary Board Rule 17-204

1.0 EP

Live Webinar

Center for Legal Education of NMSBF www.nmbar.org

21

16

17

Real Estate Finance: Trends and Best Practices, Part 1

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

17

Do You Have Your Emotions or Do They Have You?

1.5 EP

Live Webinar Center for Legal Education of NMSBF

www.nmbar.org Parenting Coordinator Training 18

11.5 G, 1.0 EP

Live Webinar

Lori Comallie-Caplan www.comallie-caplan.com 18

Real Estate Finance: Trends and Best Practices, Part 2

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org 24

How to Practice Series - Estate Planning (2019)

4.0 G, 2.0 EP

Live Replay Webcast

Center for Legal Education of NMSBF www.nmbar.org

Notice of Possible Event Cancellations or Changes: Due to the rapidly changing coronavirus situation, some events listed in this issue of the Bar Bulletin may have changed or been cancelled after the issue went to press. Please contact event providers or visit www.nmbar.org/eventchanges for updates.

Listings in the Bar Bulletin Legal Education Calendar are derived from course provider submissions and from New Mexico Minimum Continuing Legal Education.

All MCLE approved continuing legal education courses can be listed free of charge. Send submissions to notices@nmbar.org. Include course title, credits, location/ course type, course provider and registration instructions.

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

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Legal Education 24

How to Practice Series: Estate Planning - Taxes, Beneficiary Designations, IRAs/401Ks (2020)

1.0 G

Live Replay Webcast

Center for Legal Education of NMSBF www.nmbar.org

www.nmbar.org

25

2020 Annual Meeting and Member Appreciation Day

2.5 G, 2.0 EP

Live Webcast

Center for Legal Education of NMSBF www.nmbar.org

30

How to Practice Series: Adult Guardianship (2020)

3.0 G, 3.0 EP

Live Replay Webcast

Center for Legal Education of NMSBF www.nmbar.org

16

21

October 5

Subtenants in Commercial Leasing: How to Protect Your Client

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

The Ethics of Bad Facts and Bad Law

1.0 EP Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

6

19

The Ins-and-Outs of Licensing Technology, Part 2

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

21 Outlook Power Hour

1.0 G

Live Webinar

Center for Legal Education of NMSBF www.nmbar.org

The Ins-and-Outs of Licensing Technology, Part 1

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org 7

12

Governance and Management Agreements for Nonprofit Organizations

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

Basics to Trust Accounting: How to Comply with Disciplinary Board Rule 17-204

1.0 EP

Live Webinar

Center for Legal Education of NMSBF www.nmbar.org Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 1

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org 27

28

Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 2

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

Opinions

As Updated by the Clerk of the New Mexico Court of Appeals Mark Reynolds, Chief Clerk New Mexico Court of Appeals PO Box 2008 • Santa Fe, NM 87504-2008 • 505-827-4925

Effective July 31, 2020 PUBLISHED OPINIONS A-1-CA-37352

State v. K Ledbetter

Reverse/Remand

07/31/2020

A-1-CA-34419 State v. C Ortiz

Affirm/Reverse

07/27/2020

A-1-CA-38045 C Daigle v. Eldorado Community Improvement Assoc.

Affirm

07/27/2020

A-1-CA-38303 State v. M Chavez

Affirm

07/27/2020

A-1-CA-38606 State v. B Patino-Chavez

Affirm

07/27/2020

A-1-CA-37275 State v. G Tafoya

Affirm

07/28/2020

A-1-CA-38419 W Smith v. R Fletcher

Affirm

07/28/2020

A-1-CA-36436 State v. B Baca

Affirm

07/30/2020

A-1-CA-37411 State v. A Baca

Affirm/Reverse

07/30/2020

A-1-CA-38024 CYFD v. Christina L.

Affirm

07/30/2020

A-1-CA-38489 State v. H Rosales

Affirm

07/30/2020

Affirm

08/03/2020

A-1-CA-37632 Active Solutions Inc v. Tax and Rev

Affirm

08/03/2020

A-1-CA-38168 State v. S Pinon

Affirm

08/03/2020

A-1-CA-37850 State v. M Johnson

Affirm

08/06/2020

A-1-CA-38364 State v. R Morales

Affirm

08/06/2020

UNPUBLISHED OPINIONS

Effective August 8, 2020 PUBLISHED OPINIONS A-1-CA-37695

L O’ Brien Quarrie v. NM Institute of Mining and Technology

UNPUBLISHED OPINIONS

Slip Opinions for Published Opinions may be read on the Court’s website: http://coa.nmcourts.gov/documents/index.htm Bar Bulletin - August 26, 2020 - Volume 59, No. 16

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Clerk’s Certificates

From the Clerk of the New Mexico Supreme Court Joey D. Moya, Chief Clerk New Mexico Supreme Court PO Box 848 • Santa Fe, NM 87504-0848 • (505) 827-4860

CLERK’S CERTIFICATE OF ADDRESS AND/OR TELEPHONE CHANGES Andrew A. Abeyta 22422 N. 64th Avenue Glendale, AZ 85310 602-316-8075 andrewabeytaesq@gmail.com Mark W. Allen Law Office of Mark W. Allen, LLC 9201 Preston Trail, NE Albuquerque, NM 87111 505-582-2873 mallen@markallenlawoffice. com Justus Wendell Anderson Ursus Holdings, LLC 3209 Tanglewood Trail Fort Worth, TX 76109 817-805-8433 justusanderson@gmail.com Cynthia Aragon New Mexico Children, Youth and Families Department PO Box 5160 1120 Paseo de Peralta (87501) Santa Fe, NM 87502 505-250-9475 505-827-4474 (fax) cynthia.aragon@state.nm.us Sophie D. Asher Pegasus Legal Services for Children 505 Marquette Avenue, NW, Suite 1350 Albuquerque, NM 87102 505-244-1101 (phone & fax) sophie@pegasuslaw.org Kathy L. Black Conklin, Woodcock & Ziegler, PC 320 Gold Avenue, SW, Suite 800 Albuquerque, NM 87102 505-224-9167 505-224-9161 (fax) klb@conklinfirm.com

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James Bartholomew Boone PO Box 1563 Bastrop, TX 78602 512-985-7398 jbboone@bellsouth.net Scott Andrew Booth Kasdan LippSmith Turner LLP 3200 N. Central Avenue, Suite 2100 Phoenix, AZ 85012 602-224-7800 602-224-7801 (fax) sbooth@kasdancdlaw.com Brandee Bess Bower Bower Law Firm, LLC Lee’s Summit, MO 64063 816-608-3600 816-608-3601 (fax) bbower@bowerlawfirm.com William R. Brummett PO Box 14504 113 Sixth Street, NW Suite E (87102) Albuquerque, NM 87191 505-842-9234 brummettlaw@live.com Melissa C. Candelaria New Mexico Center on Law and Poverty 924 Park Avenue, SW, Suite C Albuquerque, NM 87102 505-255-2840 505-255-2778 (fax) melissa@nmpovertylaw.org Bobbie Jo Collins Nussbaum Speir Gleason PLLC 2 N. Cascade Avenue, Suite 1430 Colorado Springs, CO 80903 719-428-2386 bobbie@nussbaumspeir.com Michael Cowen Cowen Rodriguez Peacock 6243 IH-10 West, Suite 801 San Antonio, TX 78201 210-941-1301 210-579-8968 (fax) michael@cowenlaw.com

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

Jessica Rose Ditmore U.S. Army JAG Corps 17395 SW McCormick Hill Road Hillsboro, OR 97123 503-515-0016 jditmore3@gmail.com Michelle L. Dong Whitewater Law Group 372 S. Eagle Road, Suite 338 Eagle, ID 83616 208-278-2688 208-567-3118 (fax) mm@whitewaterlawgroup. com James H. Dupuis Jr. Kean Miller LLP 1400 Woodloch Forest Drive, Suite 400 The Woodlands, TX 77380 832-494-1711 888-781-0162 (fax) jimmy.dupuis@keanmiller. com Roger Eaton 8617 Rio Grande Blvd., NW Los Ranchos, NM 87114 505-264-9116 505-345-4906 (fax) roger2eaton@gmail.com Niesha Esene Disability Rights New Mexico 3916 Juan Tabo Blvd., NE Albuquerque, NM 87111 505-256-3100 505-256-3184 (fax) nesene@drnm.org Gail Evans New Mexico Environmental Law Center 1505 Luisa Street, Suite 5 Santa Fe, NM 87505 505-629-4748 505-989-3769 (fax) gevans@nmelc.org

Daniel Morris Faber Law Office of Daniel Faber 501 Wyoming Blvd., SE Albuquerque, NM 87123 505-440-6331 dan@danielfaber.com David Hampton Fadduol Law Office of David Fadduol, LLC PO Box 90787 Albuquerque, NM 87199 505-565-7696 505-355-1945 (fax) david@df-lawfirm.com John William Fleming Kasdan LippSmith Turner LLP 3200 N. Central Avenue, Suite 2100 Phoenix, AZ 85012 602-224-7800 602-224-7801 (fax) jfleming@kasdancdlaw.com Grant L. Foutz Rosebrough & Fowles, PC 101 W. Aztec Avenue, Suite A Gallup, NM 87301 505-722-9121 505-722-9490 (fax) grant@rf-lawfirm.com Kat Fox Law Offices of the Public Defender 285 S. Boardman Drive, Suite B Gallup, NM 87301 505-726-4534 505-726-4566 (fax) kat.fox@lopdnm.us John Adam Frase Roberts Law Firm 20 Rahling Circle Little Rock, AR 72211 501-821-5575 johnafrase@gmail.com

Clerk’s Certificates Russel A. Frost Office of the Eleventh Judicial District Attorney 335 S. Miller Avenue Farmington, NM 87401 505-599-9810 505-599-9822 (fax) rfrost@da.state.nm.us Remo E. Gay Jr. Remo E. Gay & Associates, PC PO Box 10160 Albuquerque, NM 87184 505-280-1321 rgay@regapc.com Lindsay K. Griffel PO Box 92740 2107 Wyoming Blvd., NE (87112) Albuquerque, NM 87199 505-369-6272 505-395-9296 (fax) lindsay@deckerlawoffice.com Brittany L. Grunau Kasdan LippSmith Turner LLP 19900 MacArthur Blvd., Suite 850 Irvine, CA 92612 949-851-9000 949-833-9455 (fax) bgrunau@kasdancdlaw.com Salvador Alejandro Guardiola II Office of the Thirteenth Judicial District Attorney 711 Camino Del Pueblo Bernalillo, NM 87004 505-771-7461 sguardiola@da.state.nm.us Robert Michael Hart Office of the Second Judicial District Attorney 520 Lomas Blvd., NW Albuquerque, NM 87102 505-350-5791 robert.hart@da2nd.state. nm.us Kevin Hernandez 7905 Bow Court Frisco, TX 75035 773-899-2914 hernandezk2011@gmail.com

Paul Edward Hescox Kiefaber & Oliva, LLP 815 Walker Street, Suite 1140 Houston, TX 77002 713-229-0360 phescox@kolawllp.com Brendon Hischar 609 Gold Avenue, SW, Suite 1Q Albuquerque, NM 87102 505-313-9918 bhlawllc@gmail.com Loni J. Hodge Law Offices of the Public Defender 505 Marquette Avenue, NW, Suite 120 Albuquerque, NM 87102 505-835-2233 loni.hodge@lopdnm.us Lily Hofstra Pegasus Legal Services for Children 505 Marquette Avenue, NW, Suite 1350 Albuquerque, NM 87102 505-244-1101 (phone & fax) lily@pegasuslaw.org R. Linda Riley James Linda Riley James, Attorney at Law, LLC PO Box 1797 Gallup, NM 87305 505-870-1340 lindarileyjames@ lindarileyjames.com Jerri K. Katzerman Pegasus Legal Services for Children 505 Marquette Avenue, NW, Suite 1350 Albuquerque, NM 87102 505-244-1101 (phone & fax) jerri@pegasuslaw.org Kenneth S. Kasdan Kasdan LippSmith Turner LLP 19900 MacArthur Blvd., Suite 850 Irvine, CA 92612 949-851-9000 949-833-9455 (fax) kskasdan@kasdancdlaw.com

Myung Sub Lee 6522 Camp Bullis Road #6104 San Antonio, TX 78256 254-383-0893 myung.s.lee19@gmail.com Nathaniel Lenke Lastrapes Spangler & Pacheco, PA 333 Rio Rancho Drive, NE, Suite 401 Rio Rancho, NM 87124 505-892-3607 nathaniel@lsplegal.com Kristin Greer Love 9 Bay Pointe Drive Bloomington, IL 61704 510-849-7663 kgl4@illinois.edu John Lovelace Office of the Second Judicial District Attorney 520 Lomas Blvd., NW Albuquerque, NM 87102 505-222-1099 john.lovelace@da2nd.state. nm.us Thomas E. Luebben Jr. Law Offices of Thomas E. Luebben PC 21 Star Splash Santa Fe, NM 87506 505-269-3544 tluebbenlaw@msn.com Marion Maillard 5235 Westview Drive Frederick, MD 21703 240-651-5937 marion.maillard@yahoo.com Matthew Roger Martinez Nelson & Kennard 2594 S. Lewis Way, Suite A Lakewood, CO 80227 916-920-2295 Ext. 225 mmartinez@nelson-kennard. com Elisabeth Anne Millich Millich Law 1201 Lomas Blvd., NW, Suite C Albuquerque, NM 87102 505-979-7080 lisa@millichlaw.com

Lidia Garza Morales Morales Law Office 3212 Calle de Molina Santa Fe, NM 87507 505-473-2131 505-474-1466 (fax) moraleslawofc@gmail.com Jill J. Ormond Gordon Rees 2 N. Central Avenue, Suite 2200 Phoenix, AZ 85004 602-793-3552 jormond@grsm.com Belia Pena Pena Legacy Consulting dba Law Office of Belia Pena 7017 N. 10th Street, Suite N2 PMB #330 McAllen, TX 78504 956-831-1424 956-587-5302 (fax) info@penalegacy.com Leif Cocq Rasmussen New Mexico Department of Game & Fish 1 Wildlife Way Santa Fe, NM 87507 505-478-8000 leif.rasmussen@state.nm.us Rebekah Reyes 1704-B Llano Street, Box 333 Santa Fe, NM 87505 505-690-2350 rebekah.reyes3@yahoo.com Peter M. Romero Peter M. Romero & Associates, PC 100 Sun Avenue, NE, Suite 650 Albuquerque, NM 87109 505-999-9999 505-930-7229 (fax) promerolawnm@outlook.com Daniel Alan Ross Liepold, Harrison & Associates, PLLC 701 Highlander Blvd., Suite 200 Arlington, TX 76015 360-220-3321 dross@ursusholdings.com

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Clerk’s Certificates Candyce Ferreri Roybal Veritas 321 Energy Partners, L.P. PO Box 53425 406 N. Big Spring, Suite 200 (79701) Midland, TX 70707 432-682-4002 croybal@veritas321.com Jackie L. Russell 1504 Pine St. W. Stillwater, MN 55082 612-419-1522 jlrussellrnjd@gmail.com John M. Schultz Buchalter 1420 Fifth Avenue Seattle, WA 98101 503-329-2051 jschultz@buchalter.com David E. Shelle Shelle Legal, LLC PO Box 66552 Albuquerque, NM 87193 505-639-4522 david@shellelegal.com Lucinda R. Silva Cindy Silva Law, LLC PO Box 51116 Albuquerque, NM 87181 505-738-3899 505-738-3879 (fax) cindy@cindysilvalaw.com George J. H. Skelly Keller & Keller 505 Marquette Avenue, NW, Suite 1300 Albuquerque, NM 87102 505-938-2300 505-938-2301 (fax) gskelly@2keller.com Steven G. Sosa 905 Rio Grande Street, Unit 1 Las Cruces, NM 88001 575-571-3296 stevesosa@gmail.com Stacy Stein Mountain Peak Law Group PC PO Box 441365 Aurora, CO 80044 877-749-7221 855-749-7221 (fax) stacy@ mountainpeaklawgroup.com

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Heather Whiteman Runs Him 304 Rountree Hall 1145 N. Mountain Avenue Tucson, AZ 85721 303-210-1075 whitemanrunshim@arizona. edu Mariel Graeber Willow Pegasus Legal Services for Children 505 Marquette Avenue, NW, Suite 1350 Albuquerque, NM 87102 505-244-1101 (phone & fax) mariel@pegasuslaw.org Stephanie M. Zorie City of Las Cruces 700 N. Main Street, Suite 3200 Las Cruces, NM 88001 575-541-2128 575-541-2017 (fax) szorie@las-cruces.org

CLERK’S CERTIFICATE OF ADDRESS AND/OR TELEPHONE CHANGES Joshua J. Alt Law Office of Adam Oakey 714 Tijeras Avenue, NW Albuquerque, NM 87102 505-433-4953 joshua.alt@oakeylawoffice. com Brianne A. Bigej PO Box 27116 Santa Fe, NM 87502 505-827-8662 brianne.bigej@state.nm.us James Walker Boyd New Mexico State Ethics Commission 800 Bradbury Drive, SE, Suite 215 Albuquerque, NM 87106 505-554-7196 walker.boyd@state.nm.us Ronald R. Bratton PO Box 533 Bernalillo, NM 87004 505-508-6251 legal@ronaldbratton.com

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

Joseph E. Caldwell Caldwell Law Firm LLC 1181 Don Bernabe Garcia Lane El Prado, NM 87529 575-770-0647 jecons@taosnet.com Carolyn Griffin Carmody 1873 Harcourt Avenue Crofton, MD 21114 802-310-3598 clgrif02@yahoo.com Kelly Mack Cassels Sanders, Bruin, Coll & Worley, P.A. 701 W. Country Club Road Roswell, NM 88201 575-622-5440 575-622-5853 (fax) kmc@sbcw.com Henry J. Castillo 8100 Barstow Street, NE #10101 Albuquerque, NM 87122 602-614-8237 henryjc13@gmail.com Israel S. Chávez Office of the Third Judicial District Attorney 845 N. Motel Blvd., 2nd Floor, Suite D Las Cruces, NM 88007 575-524-6370 Ext. 1171 575-524-6379 (fax) ichavez@da.state.nm.us Darin Andrew Childers Brigham Young University Division of Continuing Education 419 HCEB Provo, UT 84602 801-422-4147 darinandrewchilders@gmail. com Carrie Louise Cook 4004 Paseo Vista Place, NE Rio Rancho, NM 87124 505-226-2172 carriecook42@gmail.com

John James D’Amato Jr. The D’Amato Law Firm, P.C. PO Box 7888 1112 Second Street, NW (87102) Albuquerque, NM 87194 505-269-4428 505-247-0600 (fax) john@damatolawoffice.com Douglas W. Decker Office of the County Attorney PO Box 70 207 W. Hill Avenue (87301) Gallup, NM 87305 505-722-3868 doug.decker@co.mckinley. nm.us Alisa Roberts Diehl New Mexico Center on Law and Poverty 924 Park Avenue, SW, Suite C Albuquerque, NM 87102 505-255-2840 alisa@nmpovertylaw.org Thomas E. Dow 6401 Duero Place, NW Albuquerque, NM 87114 575-317-9961 thomasedow@hotmail.com Deborah S. Dungan PO Box 6266 Santa Fe, NM 87502 505-660-2303 dsdungan2@gmail.com Wesley Enns Batley Powers, PA 316 Osuna Road, NE, Suite 301 Albuquerque, NM 87107 505-246-0500 wenns@batleypowers.com Steve Glenn Farber PO Box 2473 323 Staab Street Santa Fe, NM 87504 505-988-9725 505-988-9250 (fax) sfarberlawoffice@aol.com

Clerk’s Certificates Pamela Leigh Faris Cortez & Hoskovec, LLC 6121 Indian School Road, NE, Suite 203 Albuquerque, NM 87110 505-247-1726 505-248-0214 (fax) pamela@cortezhoskovec.com Steven P. Fisher Sanders, Bruin, Coll & Worley, P.A. 701 W. Country Club Road Roswell, NM 88201 575-622-5440 575-622-5853 (fax) spf@sbcw.com Sean James Fitting New Mexico Department of Transportation PO Box 1149 1120 Cerrillos Road, Room 123 (87505) Santa Fe, NM 87504 505-690-5191 505-690-2432 (fax) sean.fitting@state.nm.us Elizabeth V. Friedenstein Weinstein & Riley, P.S. 2501 San Pedro Drive, NE, Bldg. A, Suite 102 Albuquerque, NM 87110 505-348-3075 505-214-5116 (fax) elizabethf@w-legal.com Julio P. Garcia ADVISE 3705 B-1 Ellison Road, NW, PMB #323 Albuquerque, NM 87114 505-718-9952 juliopgarcia1@gmail.com Nathan William Graff Law Offices of the Public Defender 505 Marquette Avenue, NW, Suite 120 Albuquerque, NM 87102 505-835-2113 nathan.graff@lopdnm.us Richard J. Grodner 3620 Wyoming Blvd., NE, Suite 102C Albuquerque, NM 87111 505-266-2566 505-266-2696 (fax) rickgrodner1@comcast.net

Paul A. Hanna 5803 Westslope Drive Austin, TX 78731 512-589-4399 paul.a.hanna@outlook.com Diane Madeline Henson 908 Terrace Mountain Drive Austin, TX 78746 512-633-5214 hensonlaw@aol.com Mason William Herring Herring Law Firm 4640 Banning Drive Houston, TX 77027 832-500-3170 832-500-3172 (fax) mherring@herringlawfirm. com Rip Harwood Ripley B. Harwood, P.C. 201 Third Street, NW, Suite 500 Albuquerque, NM 87102 505-299-6314 505-944-9091 (fax) ripharwoodrbhpc@gmail.com Kaythee Hlaing Law Office of Meredith Baker 112 Edith Blvd., NE Albuquerque, NM 87102 505-697-1900 505-933-6363 (fax) kaythee.abqlawoffice@gmail. com Michael Hoeferkamp Michael D. Hoeferkamp P.C. 445 Woodbrook Way Lawrenceville, GA 30043 505-506-0745 mike@hoeferkamp.com Denise Hosay PO Box 40792 Mesa, AZ 85274 480-772-1780 dlhosay1@gmail.com Kimberly Annise Huson Lewis Brisbois Bisgaard & Smith 8801 Horizon Blvd. NE, Suite 300 Albuquerque, NM 87113 505-545-8290 505-828-3900 (fax) kimberly.huson@ lewisbrisbois.com

Henry A. Jones Kennedy, Hernandez & Associates, P.C. 201 Twelfth Street, NW Albuquerque, NM 87102 505-842-0653 hjones@kennedyhernandez. com Christine J. Jordan 13600 Commerce Blvd., Apt. 339 Rogers, MN 55374 612-559-9501 cjordan0110@gmail.com Joan Annette Kelly N.M. Human Services Department-Child Support Enforcement Division 39-A Plaza La Prensa Santa Fe, NM 87507 505-476-9233 505-476-6265 (fax) joan.kelly@state.nm.us Liane E. Kerr Liane E. Kerr, LLC PO Box 10491 10439 Fourth Street, NW (87114) Albuquerque, NM 87184 505-848-9190 505-908-9042 (fax) leklawyer@aol.com Deisy Hortencia Lee 32714 Turning Springs Drive Fulshear, TX 77423 832-763-9765 dgomezlaw@yahoo.com Robert Don Lohbeck Lawyers505.com PO Box 950 Sandia Park, NM 87047 505-888-5200 505-361-2926 (fax) lohbeck@lawyers505.com Ian D. McKelvy Sanders, Bruin, Coll & Worley, P.A. 701 W. Country Club Road Roswell, NM 88201 575-622-5440 575-622-5853 (fax) idm@sbcw.com

Gayle E. Miller The Checkett Law Firm, PLLC 4835 E. Cactus Road, Suite 345 Scottsdale, AZ 85254 480-272-9100 480-272-9039 (fax) gmiller@checkett-law.com Christopher Lee Moander 1623 Band Saw Drive, NW Albuquerque, NM 87104 505-216-6487 chrismoander@gmail.com Sarah Marie Montoya PO Box 266 544 S. Second Street Raton, NM 87740 575-445-0000 montoyalawraton@gmail.com Rolando Morales 2418 Montana Ave. El Paso, TX 79903 915-493-3933 915-533-1618 (fax) mr.rolandomorales@outlook. com Michael Ray Murphy Disability Rights New Mexico 3916 Juan Tabo Blvd., NE Albuquerque, NM 87111 505-256-3100 505-256-3184 (fax) mmurphy@drnm.org Jessica Lynn Nixon Robles Rael Anaya, P.C. 500 Marquette Avenue, NW, Suite 700 Albuquerque, NM 87102 505-242-2228 505-242-1106 (fax) jnixon@roblesrael.com Isaac H. Ortega Alcock & Associates 2 N. Central Avenue, 26th Floor Phoenix, AZ 85004 602-404-6000 iortega@alcocklaw.com Michelle Kay Ostrye PO Box 483 Fort Benton, MT 59442 505-249-7559 ostryehd@gmail.com

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Clerk’s Certificates Amina Linsley Quargnali-Diehl 19 Minnesota Avenue Whitefish, MT 59937 406-310-9061 aminaqd@gmail.com

Mandana Shoushtari 500 Marquette Avenue, NW, Suite 1200 Albuquerque, NM 87102 505-336-4011 m4justice@yahoo.com

Jessica I. Rivera Smith 1700 Hooks Street #6207 Clermont, FL 34711 407-861-6434 nriverasmith@gmail.com

Jessica L. Streeter Streeter Law Firm, LLC 715 E. Idaho Avenue, Suite 4B Las Cruces, NM 88001 575-652-3345 575-652-4592 (fax) jessica@streeterlawfirmnm. com

Rodolphe Rouhana 525 Dorset Blvd.

Carmel, IN 46032 408-439-8243 rudy@451law.com Daniel Ross Rubin Ortiz & Zamora 2011 Botulph Road Santa Fe, NM 87505 505-986-2900 505-986-2911 (fax) daniel@ortiz-zamora.com Karl M. Rysted 2556 Millennium Street Las Cruces, NM 88001 405-826-2148 marathonmanmatt@yahoo. com Catherine Sanchez Weinstein & Riley, P.S. 2501 San Pedro Drive, NE, Bldg. A, Suite 102 Albuquerque, NM 87110 505-348-3075 505-214-5116 (fax) csanchez@w-legal.com Andrés Santiago 4600 Paradise Blvd., NW, PMB #65746 Albuquerque, NM 87114 505-508-0807 andres@ santiagoimmigrationlaw.com Malia May Santilla Pinal County Superior Court PO Box 2190 Florence, AZ 85132 760-409-1080 msantilla@courts.az.gov

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C. William Sutherland Sutherland Law Firm, LLC 5901-J Wyoming Blvd., NE, PMB #338 Albuquerque, NM 87109 505-539-3232 866-235-0023 (fax) bill@sutherlandlegal.net Mariam Sutherland Sutherland Law Firm, LLC 5901-J Wyoming Blvd., NE, PMB #338 Albuquerque, NM 87109 505-539-3232 866-235-0023 (fax) miriam@sutherlandlegal.net Joseph M. Tapia Jr. Domenici Law Firm, P. C. 320 Gold Ave. SW Suite 1000 Albuquerque, NM 87102 505-883-6250 505-884-3424 (fax) jtapiadominicilaw.com Sarah S. Thomas 1050 Sunset Road, SW, PMB #72065 Albuquerque, NM 87195 505-289-0580 sarahthomas888@gmail.com Aaron K. Thompson Sanders, Bruin, Coll & Worley, P.A. 701 W. Country Club Road Roswell, NM 88201 575-622-5440 575-622-5853 (fax) akt@sbcw.com

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

Joseph M. Thompson Thompson Law Firm 1941 Indian School Road, NW Albuquerque, NM 87104 505-681-7227 thompson.consulting@gmail. com Kody J. Thurgood Elder Law of Arizona 2020 S. McClintock Drive, Suite 107 Tempe, AZ 85282 602-358-8606 (phone & fax) kody@elderlawofaz.com Dawn M. Vernooy New Mexico Legal Aid, Inc. PO Box 25486 505 Marquette Avenue, NW, Suite 700 (87102) Albuquerque, NM 87125 505-551-0262 505-551-0337 (fax) dawnv@nmlegalaid.org Brandon Wells Vigil 500 Marquette Ave. NW, Suite 1200 Albuquerque, NM 87102 505-489-3654 bwvigil@gmail.com Jensen Nicole Wallace Batley Powers Family Law, P.A.ke 316 Osuna Road, NE, Suite 301 Albuquerque, NM 87107 505-246-0500 505-246-9953 (fax) jwallace@batleypowers.com Russell S. Warren III Office of the First Judicial District Attorney 327 Sandoval Street Santa Fe, NM 87501 505-428-6911 505-827-5076 (fax) rwarren@da.state.nm.us

David B. Weaver 8705 Centennial Drive Jackson, WY 83001 307-203-2307 davidbweaver@me.com Doug Wolf The Center for Biological Diversity 3201 Zafarano Drive, Suite C, PMB #149 Santa Fe, NM 87507 202-510-5604 dwolf@biologicaldiversity.org Katherine Flint Lindsay Worthington 14 Camino Del Campos Placitas, NM 87043 505-999-8484 kflworthington@gmail.com Jeffrey S. Young Supreme Court of New Mexico PO Box 848 237 Don Gaspar Avenue (87501) Santa Fe, NM 87504 505-827-4357 supjsy@nmcourts.gov Natalie Zerwekh Law Offices of the Public Defender 505 Marquette Avenue, NW, Suite 120 Albuquerque, NM 87102 505-835-2255 505-796-4612 (fax) natalie.zerwekh@lopdnm.us Arnold Jones Olsen Robert J. McCrea Jonathan E. Roehlk Gabriella Taylor Baker Hennighausen Olsen & McCrea, LLP PO Box 1416 604 N. Richardson Avenue (88201) Roswell, NM 88202 575-624-2463 575-624-2878 (fax)

Advance Opinions

http://www.nmcompcomm.us/

From the New Mexico Supreme Court and Court of Appeals From the New Mexico Court of Appeals Opinion Number: 2019-NMCA-071 No. A-1-CA-36369 (filed August 23, 2019) NEW MEXICO CONSTRUCTION INDUSTRIES DIVISION AND MANUFACTURED HOUSING DIVISION, Petitioner-Appellee, v.

RABBI Y’HOSHUA COHEN, Respondent-Appellant.

APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY ANGIE K. SCHNEIDER, District Judge Released for Publication December 17, 2019.

HECTOR H. BALDERAS, RABBI Y’HOSHUA COHEN Attorney General Alto, NM SALLY J. GALANTER, Pro Se Appellant Special Assistant Attorney General Albuquerque, NM for Appellee

Opinion M. Monica Zamora, Chief Judge {1} Respondent Y’Hoshua Cohen appeals the district court’s order requiring him to allow investigators, acting under the authority of the New Mexico Construction Industries and Manufactured Housing Division (the Division), to enter his property to inspect for code violations. Respondent, pro se, argues, among other things, that the order violates his Fourth Amendment right to be free from unreasonable searches and seizures.

Concluding that an administrative search warrant supported by probable cause was required to conduct the search of Respondent’s premises, we reverse and remand with instructions to the district court to issue findings determining whether probable cause has been shown to support the issuance of an administrative search warrant.

BACKGROUND {2} Respondent’s property is located in Alto, New Mexico. Evidence presented at trial demonstrated that Respondent, while he also lived there, rented out parts of his property as “apartments” to tenants. At the heart of this case is whether Respondent conducted

new construction without a permit on his property to create these “apartments,” contrary to 14.5.2.8(A) NMAC, entitled “Permits required.” {3} The Division is charged with adopting and enforcing codes and standards for construction. NMSA 1978, § 60-13-1.1 (1989). The Division received two written complaints regarding Respondent’s property. It received a letter from an attorney on behalf of Jennifer Wright, a former tenant of Respondent, regarding the unsafe conditions of Respondent’s property. Ms. Wright’s affidavit, attached to the letter, stated she had significant health issues from renting from Respondent, including headaches and nausea she attributed to a swamp gas smell and either no or inadequate venting in the home.

The attorney’s letter requested that the Division “take whatever action appropriate under your authority to immediately inspect and determine whether the apartments are safe for occupancy.” The Division also received a letter from the planning director of Lincoln County, Curt Temple, expressing concern with Respondent’s property. Mr. Temple wrote that the Lincoln County planning office had received complaints for several years about Respondent’s property and that the “complaint has always been about the multiple additions that have occurred on the property without proper permits, or inspections.” Mr. Temple also asked that

the Division inspect the property to ensure Respondent was in compliance with the building code. {4} Soon thereafter, the Division’s inspectors attempted to inspect the property to look for code violations, but Respondent denied access. The Division then issued an order requiring Respondent to schedule an inspection. The order stated that the Division received a complaint alleging that Respondent had constructed additions to his home without obtaining permits and that the additions are commercially leased or rented. Respondent did not permit the inspection and instead filed a petition for a writ of mandamus in the First Judicial District. The First Judicial District Court granted the Division’s motion to quash the petition, ordering the case dismissed with prejudice and finding that the Division had the statutory authority to conduct an inspection and pursue any related relief. {5} The Division then filed a petition in the Twelfth Judicial District seeking a court order to enforce its “administrative order” demanding entry to inspect Respondent’s property. The Division asserted that it had a right to enter the property to inspect for violations based on NMSA 1978, Section 60-13-42(A) (2011), which provides in part: “A state certified inspector may, during reasonable hours, enter any building or go upon any premises in the discharge of the inspector’s official duties for the purpose of making an inspection of work performed or for the purpose of testing any installation authorized within the jurisdiction of the inspector’s trade certification.” {6} Respondent filed an answer to the petition in which he argued, in part, that the Division could not simply secure an order from the district court to enforce its administrative order and that under the Fourth Amendment, a search warrant based on probable cause was required. The district court ultimately held a trial on the merits where the Division presented witness testimony and introduced exhibits into evidence.

Omar Halama, the Division’s compliance officer, Thomas Maese, the Division’s chief inspector, and Clay Bailey, LP Gas Bureau Chief, each testified about complaints the Division had received and each of their fruitless efforts to obtain consent to search Respondent’s property. For the presentation of his case, Respondent testified by way of making a statement and represented that there had not been any new construction since he purchased the property. {7} In its oral findings, the district court stated that it was basing its findings and conclusions “on the totality of what was submitted.” The district court issued a written “Trial Order” (order) directing that the

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Advance Opinions Division would inspect the property within twenty days of the order. In it, the district court made the following findings: (1) the Division has an obligation to conduct an investigation upon receipt of complaints as to life and property safety, (2) the Division has the statutory authority and the statutory right to conduct an inspection and to pursue any relief based on its statutory duty to protect life and property safety, and (3) the Division has a statutory duty to protect life and property by ensuring code compliance.

Otherwise, the district court made no findings of fact.

DISCUSSION I. The Fourth Amendment {8} The primary question before us is whether the Division can enforce its administrative order statutorily or whether an administrative search warrant is required.

Respondent argues that the district court order permitting the Division to search his property violates his Fourth Amendment rights because it is a “nonconsensual, warrantless, administrative” entry. Quoting Mimics, Inc. v. Village of Angel Fire, 394 F.3d 836, 844 (10th Cir. 2005), Respondent contends that a search warrant was required for the Division to search his property because “New Mexico’s interest in safeguarding the well-being of the public by prohibiting unsafe construction does not necessarily equate with a need for nonconsensual, warrantless, investigative entries.” {9} In response, the Division argues that the Fourth Amendment is not implicated by a court order to inspect a building when no entry or inspection occurred without judicial authorization. Thus, the Division contends that the district court did not err in ordering the search to take place. Moreover, the Division argues that even if the Fourth Amendment does apply, warrantless entry is permitted because the case falls into an exception to the administrative search warrant requirement.

A. Standard of Review {10} “We review any factual questions under a substantial evidence standard and . . . review the application of the law to those facts, making a de novo determination of the constitutional reasonableness of a search or seizure.” State v. Sewell, 2009-NMSC-033, ¶ 12, 146 N.M. 428, 211 P.3d 885 (alteration, internal quotation marks, and citations omitted); see State v. Williamson, 2009NMSC-039, ¶ 28, 146 N.M. 488, 212 P.3d 376 (explaining that in the context of a warrantless search, we review the lower court’s determination de novo). Whether a warrant is required by the Fourth Amendment and whether an exception to the warrant requirement applies require a de novo review. See

http://www.nmcompcomm.us/ State v. Vargas, 2017-NMSC-029, ¶ 16, 404 P.3d 416 (reviewing the Fourth Amendment argument de novo); State v. Trudelle, 2007NMCA-066, ¶ 28, 142 N.M. 18, 162 P.3d 173 (applying a de novo standard of review to the question of whether exigent circumstances supported warrantless entry).

B. Under the Fourth Amendment, the Division’s Search Required an Administrative Search Warrant Supported by a Finding of Probable Cause {11} The Construction Industries Licensing Act (the Act), NMSA 1978, §§ 60-13-1 to -59 (1967, as amended through 2019), charges the Division with “promot[ing] the general welfare of the people of New Mexico by providing for the protection of life and property by adopting and enforcing codes and standards for construction, alteration, installation, connection, demolition and repair work.” Section 60-13-1.1. The New Mexico Construction Code requires a permit for any building or structure. 14.5.2.8(A) NMAC (“[N]o building or structure shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished, no electrical wiring, plumbing or mechanical work and LP gas work as defined and described in the applicable New Mexico construction codes for those trades, may be installed, repaired or maintained in or on such building or structure, unless the applicable permit has first been obtained from the division, unless otherwise provided by statutes or rule.”). The Act provides that “[a] state certified inspector may, during reasonable hours, enter any building or go upon any premises in the discharge of the inspector’s official duties for the purpose of making an inspection of work performed or for the purpose of testing any installation authorized within the jurisdiction of the inspector’s trade certification.”

Section 60-13-42(A). To ensure compliance, “[t]he commission or division may enforce in the district court of the county in which the offense was committed the provisions of the . . . Act by injunction, mandamus or any proper legal proceeding.” Section 60-13-53.

Certain violations under the Act can bring criminal or disciplinary penalties. See Section 60-13-52 (penalizing falsely holding out as a contractor or journeyman); 14.5.2.16 NMAC (explaining that a fee or disciplinary action may be assessed for failure to obtain a permit before beginning work). {12} But, the Division’s statutory authority is still subject to the constitutional limitations of the Fourth Amendment. See Marshall v. Barlow’s, Inc., 436 U.S. 307, 325 (1978) (holding that part of the Occupation Safety and Health Act (OSHA) was

unconstitutional “insofar as it purports to authorize inspections without a warrant or its equivalent”); N.M. Envtl. Improvement Div. v. Climax Chem. Co., 1986-NMCA-137, ¶ 6, 105 N.M. 439, 733 P.2d 1322 (citing Marshall and concluding that if a statutory scheme provides the governmental agency with sufficient authority to obtain a search warrant and “consent to enter and inspect is denied, an administrative search warrant is [necessary]”). The Fourth Amendment which is applicable to the states through the Fourteenth Amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

U.S. Const. amend IV;1 see Mapp v. Ohio, 367 U.S. 643, 646 n.4, 655 (1961). The primary purpose of the Fourth Amendment is to “safeguard the privacy and security of individuals against arbitrary invasions by governmental officials.” Camara v. Mun. Court of City & Cty. of San Francisco, 387 U.S. 523, 528 (1967). {13} The United States Supreme Court has held that the Fourth Amendment applies to searches and seizures in the civil context. Id. at 534. Specifically, administrative searches by government inspectors “are significant intrusions upon the interests protected by the Fourth Amendment,” id., and thus, searches by administrative agencies must comport with the requirements and limitations of the Fourth Amendment. See Barlow’s, Inc., 436 U.S. at 311, 324-25 (holding that a search warrant was required to search the nonpublic area of an electrical and plumbing installation business even though the OSHA statute authorized warrantless searches of a business); See v. City of Seattle, 387 U.S. 541, 545 (1967) (holding that “administrative entry, without consent, upon the portions of commercial premises which are not open to the public may only be compelled through prosecution or physical force within the framework of a warrant procedure”); Mimics, Inc., 394 F.3d at 847 (concluding that a building inspector “was required to seek a warrant to remain in compliance with the Fourth Amendment” to search a corporation’s private condominium); Climax Chem.

Co., 1986-NMCA-137, ¶ 6 (considering an administrative inspection of a chemical plant and holding that “[o]btaining a search warrant, as was done in this case, is the proper procedure”). Therefore, “except in certain

1Although Respondent briefly cites to N.M. Const., art. II, § 10, he fails to develop any argument that the New Mexico Constitution offers different protections. “This Court has no duty to review an argument that is not adequately developed.” Corona v. Corona, 2014-NMCA-071, ¶ 28, 329 P.3d 701. Therefore, we only review his federal constitutional claim.

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Bar Bulletin - August 26, 2020 - Volume 59, No. 16

Advance Opinions carefully defined classes of cases, a search of private property without proper consent is ‘unreasonable’ unless it has been authorized by a valid search warrant.” Camara, 387 U.S. at 528-29 (citing supporting cases); see Climax Chem. Co., 1986-NMCA-137, ¶ 6 (“In the event consent to enter and inspect is denied, an administrative search warrant is required.” (citing Barlow’s, Inc., 436 U.S. 307)). We begin by examining whether the order satisfies the requirements of the Warrant Clause. {14} The Division argues that no inspection occurred without judicial authorization, and therefore, the Fourth Amendment is not implicated here. Citing no authority, the Division argues that the order “provid[ed] much more protection and accountability than a search warrant” and is “certainly a more than adequate substitute for a warrant.” {15} The “precise and clear” words of the Warrant Clause of the Fourth Amendment “require only three things” for a valid search warrant: First, warrants must be issued by neutral, disinterested magistrates.

Second, those seeking the warrant must demonstrate to the magistrate their probable cause to believe that the evidence sought will aid in a particular apprehension or conviction for a particular offense. Finally, warrants must particularly describe the things to be seized, as well as the place to be searched.

Dalia v. United States, 441 U.S. 238, 255 (1979) (internal quotation marks and citations omitted). We first address the requirement that the Division demonstrate probable cause because it is dispositive to our analysis. {16} Administrative probable cause exists based on either: (1) “specific evidence of an existing violation” or (2) “a showing that reasonable legislative or administrative standards for conducting an inspection are satisfied with respect to a particular establishment.” Barlow’s, Inc., 436 U.S. at 320 (alteration, omission, internal quotation marks, and citation omitted). Since the Division based its order to search on specific complaints regarding Respondent, this case falls into the first category, specific evidence.

While “[a]n administrative warrant application based upon specific evidence is more analogous to an application for a criminal search warrant than to an application for a search warrant under a regulatory scheme[,]” Marshall v. Horn Seed Co., 647 F.2d 96, 101 (10th Cir. 1981), the probable cause standard in administrative cases differs from the standard in criminal cases. See Wilson Corp. v.

State ex rel. Udall, 1996-NMCA-049, ¶ 9, 121 N.M. 677, 916 P.2d 1344 (stating that “probable cause does not have the same meaning in the context of administrative searches that it has in the context of searches for evidence of crime”). Rather, when, like in this case, the

http://www.nmcompcomm.us/ search is “grounded not upon conformance with administrative or legislative guidelines but upon ‘specific evidence’ of violations . . ., there must be some plausible basis for believing that a violation is likely to be found.”

Marshall, 647 F.2d at 102. “The facts offered must be sufficient to warrant further investigation or testing.” Id. For an administrative warrant, “[i]t is not sufficient that the affiant . . . simply state that a complaint was received and detail the conditions alleged to be unsafe[;]” rather, the “warrant application must, of course, inform the [judicial officer] of the substance of the complaint so that [it] can determine whether the alleged conditions, if true, constitute a violation.” Id. at 103. {17} Here, the district court’s order found that the Division had statutory authority to conduct an inspection; however, the order lacked a determination of whether probable cause supported an administrative search.

As we have stated, merely having statutory authority is not the end of the inquiry. See Climax Chem. Co., 1986-NMCA-137, ¶¶ 5-6 (considering a similar statutory scheme in which the statute provides for inspections and holding that a search warrant was required). Instead, the district court needed to determine whether there was a plausible basis to believe that a violation of the code is likely to be found. Id. ¶ 12. Because the order lacked any findings related to probable cause, the district court erred. To be clear, our holding is not that the district court lacked specific evidence of an existing violation to support a finding of probable cause under this standard, but rather that the district court did not enter the requisite findings, whether or not there was probable cause. We now turn to whether this case falls into an exception permitting warrantless searches. {18} Because Respondent did not consent to the inspection, a warrant supported by probable cause is required unless this case falls into one of the “certain carefully defined classes of cases” permitting warrantless searches. See Michigan v. Tyler, 436 U.S. 499, 508-09 (1978) (internal quotation marks and citation omitted). The Division argues that this case does not require a search warrant because it falls into an exception to the general prohibition of warrantless searches that has developed for pervasively regulated businesses and “ ‘closely regulated’ industries long subject to close supervision and inspection.” Barlow’s, Inc., 436 U.S. at 313 (internal quotation marks and citation omitted); see United States v. Biswell, 406 U.S. 311, 316 (1972) (“[I]f the law is to be properly enforced and inspection made effective, inspections without warrant must be deemed reasonable official conduct under the Fourth Amendment.”); State ex rel. Envtl. Improvement Agency v. Albuquerque Publ’g. Co., 1977-NMSC-083, ¶ 3, 91 N.M. 125, 571 P.2d 117 (listing requirements for a nonconsensual administrative

inspection of a business); State v. Montoya, 1993-NMCA-097, ¶ 10, 116 N.M. 297, 861 P.2d 978 (explaining that “if certain criteria are met, closely regulated industries with a history of pervasive government regulation may be inspected without a warrant”). The United States Supreme Court has explained that “[t]he element that distinguishes these [closely regulated] enterprises from ordinary businesses is a long tradition of close government supervision, of which any person who chooses to enter such a business must already be aware.” Barlow’s, Inc., 436 U.S. at 313. {19} The Tenth Circuit has already rejected the argument that “balancing the important government interest in safe construction against any individual harm from government intrusion justifies as reasonable brief, unauthorized investigative entries[.]” Mimics, Inc., 394 F.3d at 844. The Tenth Circuit explained that “New Mexico’s interest in safeguarding the well-being of the public by prohibiting unsafe construction does not necessarily equate with a need for nonconsensual, warrantless, investigative entries.” Id. We are persuaded by the Tenth Circuit, and the Division fails to distinguish this case or cite us to any other contrary authority suggesting that construction is a pervasively regulated industry. See Curry v. Great Nw. Ins. Co., 2014-NMCA-031, ¶ 28, 320 P.3d 482 (“Where a party cites no authority to support an argument, we may assume no such authority exists.”); see also Barlow’s, Inc., 436 U.S. at 313 (clarifying that “[t]he clear import of our cases is that the closely regulated industry of the type involved in Colonnade [Catering Corp. v. United States, 397 U.S. 72 (1970)] and Biswell is the exception[,]” not the general rule). {20} Finally, the Division argues that Respondent’s property is open to the public, and therefore a warrantless search is lawful.

However, the Division’s conclusory statement is an undeveloped argument that we will not review. See Headley v. Morgan Mgmt.

Corp., 2005-NMCA-045, ¶ 15, 137 N.M. 339, 110 P.3d 1076 (“We will not review unclear arguments, or guess at what [the plaintiff ’s] arguments might be.”). {21} Thus, under the facts before us, no exception to the warrant requirement applies.

Because the district court only found that the Division had the statutory authority and did not determine whether there was probable cause to support an administrative search warrant, we hold that the district court erred by ordering enforcement of the Division’s order.

II. Respondent’s Additional Arguments {22} Because we remand this case for further proceedings, we address Respondent’s remaining arguments. We conclude they are all meritless.

Bar Bulletin - August 26, 2020 - Volume 59, No. 16 21

Advance Opinions {23} First, Respondent argues that the Division lacks standing to bring this petition against Respondent because the Division lacks the requisite statutory authority. However, as discussed above, Sections 60-13-42 and 60-13-53 give the Division the authority to enforce the Act “in the district court of the county in which the offense was committed . . . by injunction, mandamus or any proper legal proceeding.” Section 60-13-53.

Respondent’s arguments regarding any other statutory authority are inapposite. {24} Respondent additionally argues, as he did below, that the district court judge, Judge Schneider, abused her discretion in refusing to recuse herself from this case. Respondent bases this claim on Judge Schneider’s former representation of the Property Owners’ Committee of Rancho Ruidoso Valley Estates (POCRRVE), a committee Respondent has a contentious relationship with, and the fact that Respondent met with Judge Schneider years ago relating to her representation of POCRRVE. Respondent contends that Judge Schneider “had prior personal intimate knowledge of the parties [and] issues, had formerly represented the party or parties that made the false allegations to [the Division], and overall gave the appearance that she would be biased.” {25} “We review the denial of a motion to recuse for an abuse of discretion.” State v.

Trujillo, 2009-NMCA-128, ¶ 9, 147 N.M. 334, 222 P.3d 1040. “An abuse of discretion occurs when the ruling is clearly against the logic and effect of the facts and circumstances of the case. We cannot say the [district] court abused its discretion by its ruling unless we can characterize it as clearly untenable or not justified by reason.” State v. Rojo, 1999NMSC-001, ¶ 41, 126 N.M. 438, 971 P.2d 829 (internal quotation marks and citation omitted). {26} Rule 1-088.1(G) NMRA states that “[n]o district judge shall sit in any action in which the judge’s impartiality may reasonably be questioned under the provisions of the Constitution of New Mexico or the Code of Judicial Conduct[.]” However, “there must be a reasonable factual basis for doubting the judge’s impartiality[,]” State ex rel. Bardacke v. Welsh, 1985-NMCA-028, ¶ 62, 102 N.M. 592, 698 P.2d 462, and “[a] claim of bias, including a claim of an appearance of bias, cannot be based on mere speculation.”

Trujillo, 2009-NMCA-128, ¶ 11. “[R]ecusal is only required when a judge has become so embroiled in the controversy that he [or she] cannot fairly and objectively hear the case.” State v. Riordan, 2009-NMSC-022, ¶ 14, 146 N.M. 281, 209 P.3d 773 (alteration, internal quotation marks, and citation omitted). “In determining whether an objective observer would conclude that a

22

http://www.nmcompcomm.us/ judge’s impartiality was questionable, an appellate court should look to see how the judge arrived at the decision not to recuse and then should review the judge’s actions for bias.” Trujillo, 2009-NMCA-128, ¶ 10 (internal quotation marks and citation omitted). {27} In Trujillo, this Court examined whether a district court judge abused its discretion when it denied a request to recuse, upon allegations that before joining the bench, the judge had been appointed as a contract public defender to represent the victim in a separate matter. Id. ¶¶ 3, 10. However, a private investigator in the case determined that the judge’s former law partner actually appeared at all the hearings in the victim’s case. Id. ¶ 5. The judged stated on the record that she did not personally represent the victim and thus denied the motion to recuse. Id. ¶ 4. This Court held that the judge did not abuse her discretion because she did not actually represent the victim, and she had no knowledge of the case. Id. ¶ 12. {28} Similarly, here, Judge Schneider explained on the record that she had no independent, personal knowledge or recollection or any prior legal proceeding that would cause her to be biased, and that she was convinced she could be fair and impartial. The record reveals that Judge Schneider’s former client, POCRRVE, was not a party to this case. Like Trujillo, Judge Schneider did not actually represent a party in this case, and she had no recollection of interacting with Respondent. Respondent has not shown a factual basis to demonstrate bias, and thus, we cannot say that Judge Schneider abused her discretion by not recusing herself. {29} Respondent also argues that the Division sought entrance to his property to obtain evidence of alleged criminal violations of Section 60-13-52 (listing criminal penalties for holding out as a contractor or journeyman within the meaning of the Act without a license), and thus, the district court violated his rights by refusing to appoint him counsel. Because Section 60-13-52 regards misdemeanors, Respondent additionally argues that this case is therefore barred by the criminal statute of limitation for misdemeanors. The criminal statute of limitations does not apply since this is a civil matter regarding failure to permit and have inspections, and does not involve criminal or unlicensed contracting. Additionally, Respondent fails to cite us to anywhere in the record in which the Division sought to pursue criminal penalties under Section 60-13-52. We conclude that Respondent does not have a right to counsel.

See Bruce v. Lester, 1999-NMCA-051, ¶ 4, 127 N.M. 301, 980 P.2d 84 (explaining that a party in a civil proceeding “does not have a right to appointed counsel”).

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

{30} We also reject Respondent’s unsupported argument that a court should not hold a pro se party to the same standard as attorneys. We have already stated, on many occasions, that we hold pro se litigants to the “same standard of conduct and compliance with court rules, procedures, and orders as are members of the bar.” Newsome v. Farer, 1985-NMSC-096, ¶ 18, 103 N.M. 415, 708 P.2d 327. To the extent Respondent argues that holding him to the “technical niceties of the law” was a violation of his constitutional rights, this argument is unpreserved, and we will not review it. See Benz v. Town Ctr. Land, LLC, 2013-NMCA-111, ¶ 24, 314 P.3d 688 (“To preserve an issue for review on appeal, it must appear that appellant fairly invoked a ruling of the [district] court on the same grounds argued in the appellate court.” (internal quotation marks and citation omitted)). {31} Respondent’s argument that the Division “enter[ed] into a scheme to abuse the Electronic Filing System” and misused Odyssey is not developed and relies on facts not in the record proper before us. We therefore also do not reach this argument. See Muse v.

Muse, 2009-NMCA-003, ¶ 51, 145 N.M. 451, 200 P.3d 104 (“It is not our practice to rely on assertions of counsel unaccompanied by support in the record. The mere assertions and arguments of counsel are not evidence.”). {32} Finally, to the extent Respondent argues that the district court erred by failing to have hearings on all of his motions he filed, we are not persuaded. “A request for hearing shall be filed at the time an opposed motion is filed.” Rule 1-007.1(G) NMRA. The district court pointed out to Respondent on the record that to have a hearing on his motions, he had to request a hearing with the district court. We have found nowhere in the record in which Respondent has requested a hearing that was not granted.

CONCLUSION {33} While the district court and the Division thoroughly followed the statutory requirements, such statutory adherence does not, on its own, satisfy the important Fourth Amendment requirements of the Warrant Clause. For the aforementioned reasons, this case is reversed and remanded to the district court with instructions to make a determination of whether probable cause exists to support the issuance of an administrative search warrant. {34} IT IS SO ORDERED. M. MONICA ZAMORA, Chief Judge WE CONCUR: MEGAN P. DUFFY, Judge MICHAEL D. BUSTAMANTE, Judge Pro Tempore

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Classified Positions Associate Attorney

Atkinson, Baker & Rodriguez, P.C. is an aggressive, successful Albuquerque-based complex civil commercial and tort litigation firm seeking an extremely hardworking and diligent associate attorney with great academic credentials. This is a terrific opportunity for the right lawyer, if you are interested in a long term future with this firm.

A new lawyer with up to 3 years of experience is preferred. Send resumes, references, writing samples, and law school transcripts to Atkinson, Baker & Rodriguez, P.C., 201 Third Street NW, Suite 1850, Albuquerque, NM 87102 or e_info@abrfirm.com. Please reference Attorney Recruiting.

Attorney

Butt Thornton & Baehr PC seeks an attorney with a minimum five years’ experience, at least 3 years’ of which are in civil litigation. Butt Thornton & Baehr PC is in its 61st year of practice. We seek an attorney who will continue our tradition of excellence, hard work, and commitment to the enjoyment of the profession. Please send letter of interest, resume, and writing samples to Ryan T. Sanders at rtsanders@btblaw.com.

26

Associate Attorney

Chapman and Priest, P.C. seeks an associate attorney to assist with increasing litigation case load. Candidate should have 3-10 years civil defense litigation experience, good research and writing skills, as well as excellent oral speaking ability. More experienced candidates will be considered. Candidate must be self-starter and have excellent organizational and time management skills. Trial experience a plus. Please send resume, references, writing sample and salary requirements to Humanresources@cplawnm.com.

Entry-Level Attorney

Entry-level attorney position immediately available with the Fourth Judicial District Attorney’s Office in Las Vegas, NM. Excellent opportunity to gain valuable experience in the courtroom with a diverse team of mentor attorneys. Requirements include J.D. and current license to practice law in New Mexico.

Please forward your letter of interest and resumé to Richard D. Flores, District Attorney, c/o Mary Lou Umbarger, District Office Manager, P.O. Box 2025, Las Vegas, New Mexico 87701 - or via e-mail: mumbarger@ da.state.nm.us Competitive salary and great workplace environment!

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

Don Bruckner Mediation & Arbitration donbruckner@guebertlaw.com 505.823.2300

Assistant City Attorney

The City of Albuquerque Legal Department is hiring an Assistant City Attorney to provide legal services to the City’s Department of Municipal Development (“DMD”). The primary area of focus is public works construction law. The work includes, but is not limited to: contract drafting, analysis, and negotiations; regulatory law; procurement; general commercial transaction issues; intergovernmental agreements; dispute resolution; and civil litigation. Attention to detail and strong writing skills are essential.

Five (5)+ years’ experience is preferred and must be an active member of the State Bar of New Mexico, in good standing. Please submit resume and writing sample to attention of “Legal Department DMD Assistant City Attorney Application” c/o Angela M. Aragon, Executive Assistant/HR Coordinator; P.O. Box 2248, Albuquerque, NM 87103, or amaragon@cabq.gov.

Assistant City Attorney

The City of Albuquerque Legal Department is hiring an Assistant City Attorney for the Compliance Division to act primarily as General Counsel for the Albuquerque Police Department. The Legal Department’s team of attorneys provides a broad range of general counsel legal services to the Mayor’s Office, City Council, the Albuquerque Police Department, various City departments, boards, commissions, and agencies. The legal services provided by the division includes, but are not limited to, drafting legal opinions and memoranda, reviewing and drafting policies, ordinances, and executive/administrative instructions, reviewing, drafting, and negotiating contracts, providing counsel on Inspection of Public Records Act requests and other open government issues, providing advice on City ordinances and State/Federal statutes and regulations, and providing general advice and counsel on day-to-day operations.

Attention to detail, ability to multitask and strong writing skills are essential. Preferences include: Five (5)+ years’ experience; experience representing law enforcement agencies; criminal legal experience; policy writing; and experience addressing evidentiary issues.

Candidates must be an active member of the State Bar of New Mexico in good standing. Salary will be based upon experience.

Please submit resume and writing sample to attention of “Legal Department Assistant City Attorney Application” c/o Angela M. Aragon, Executive Assistant/HR Coordinator; P.O. Box 2248, Albuquerque, NM 87103, or amaragon@cabq.gov.

Assistant City Attorney

Assistant City Attorney position available with the City of Albuquerque with a main focus on assisting the City of Albuquerque and the Albuquerque Police Department in achieving operational compliance with the Court Approved Settlement Agreement (CASA). The attorney will provide oral and written legal advice, recommendations, and opinions to a variety of levels of Department personnel and City staff on matters regarding the operations and performance of APD. The attorney will regularly interact with and attend meetings with: the parties and monitor; the Civilian Police Oversight Agency and its Board; community policing councils; amici; other stakeholders and members of the community. Applicant must be admitted to the practice of law in New Mexico and be an active member of the Bar in good standing.

Preferred qualifications include: knowledge of state and federal laws regarding constitutional policing and police practices; experience in the practice of local or state government; strong organization skills; strong legal research and writing skills; experience in project development and management; experience in business letter writing; and supervisory experience. Experience in report and proposal preparations, developing curricula, and application of adult educational principles is a plus. Salary will be based upon experience and the City of Albuquerque Attorney's Personnel and Compensation Plan with a City of Albuquerque Benefits package.

Please apply on line at www.cabq.gov/jobs

Attorney

The Carrillo Law Firm, P.C., located in Las Cruces, NM, is seeking an Attorney to join our firm. Relocation to Las Cruces is not required if the applicant has a demonstrated aptitude for remote work. The firm handles complex litigation as well as day-to-day legal matters from governmental sector and private corporate clients. Applicant must possess strong legal research and writing skills, have a positive attitude, strong work ethic, desire to learn, and have a current license to practice law in New Mexico. We offer competitive benefits to include health insurance, a profit sharing plan, and an excellent work environment. Please send letter of interest, resume, references, and writing sample via email to deena@carrillolaw.org. All responses are kept confidential.

Request For Proposal – Legal Services – Varied Governmental

Pueblo of Laguna seeks proposals from any law firm or individual practicing attorney to provide legal services for special counsel services in any of multiple practice areas for a 3-year term. Reply by September 30, 2020.

RFP details at: www.lagunapueblo-nsn.gov/ rfp_rfq.aspx

We’re Hiring Lawyers in ABQ

New Mexico Legal Group, a cutting edge divorce and family law practice is adding one more divorce and family law attorney to its existing team (David Crum, Cynthia Payne, Twila Larkin, Bob Matteucci, Kim Padilla, Amy Bailey, Elizabeth Ashton, and Darin McDougall). We are looking for one smart, entrepreneurial, down to earth, drama free lawyer to join us in our mission. If you do not have divorce and family law experience, we will still consider you as a candidate if you have other good courtroom experience (like the DA’s or PD’s Office). Why is this an incredible opportunity? You will be involved in creating the very culture and financial rewards that you have always wanted in a law firm; We practice at the highest levels in our field, with independence and cutting edge practice and marketing strategies; The firm offers excellent pay (100k+), PPO health insurance, life, disability and vision insurance, an automatic 3% contribution to 401(k) and future profit sharing; This is also a great opportunity for lawyers in a solo practice who would like to merge their practice. This position is best filled by an attorney who wants to help build something extraordinary. This will be a drama free environment filled with other team members who want to experience something other than your run of the mill divorce firm. Interested candidates: send whatever form of contact you think is appropriate, explaining why you are drawn to this position and how you can be an asset to the team to dcrum@newmexicolegalgroup.com.

All inquiries are completely confidential. We look forward to hearing from you!

Associate Attorney

Hatcher Law Group, P.A. seeks an associate attorney preferably with three or more years of legal experience for our downtown Santa Fe office. We are looking for an individual motivated to excel at the practice of law in a litigationfocused practice. Hatcher Law Group defends individuals, state and local governments and institutional clients in the areas of insurance defense, coverage, workers compensation, employment and civil rights. We offer a great work environment, competitive salary and opportunities for future growth. Send your cover letter, resume and a writing sample via email to juliez@hatcherlawgroupnm.com.

Executive Director

The Albuquerque-based Senior Citizens’ Law Office, Inc. seeks a full time Executive Director. A full description of the position and the application process are posted on SCLO’s website’s home page under “News, Employment Opportunities” at www.sclonm.org

Multiple Trial Attorney Positions Available in the Albuquerque Area

The Thirteenth Judicial District Attorney’s Office is seeking entry level as well as experienced trial attorneys. Positions available in Sandoval, Valencia, and Cibola Counties, where you will enjoy the convenience of working near a metropolitan area while gaining valuable trial experience in a smaller office, which provides the opportunity to advance more quickly than is afforded in larger offices. Salary commensurate with experience. Contact Krissy Fajardo kfajardo@ da.state.nm.us or 505-771-7400 for an application. Apply as soon as possible. These positions will fill up fast!

Deputy District Attorney

Immediate opening for a Deputy District Attorney in Silver City. Salary Depends on Experience. Benefits. Please send resume to Francesca Estevez, District Attorney, FMartinez-Estevez@da.state.nm.us or call 575-388-1941.

Tribal Government Specialist

The Bureau of Indian Affairs, Southwest Region in Albuquerque, New Mexico is seeking applicants for Tribal Government Specialist.

The incumbent will provide guidance to all functions of tribal government operations, including Tribal Courts, Tribal Enrollment matters, Self-Governance negotiations, promotion of self-governance and Tribal litigation matters. A high degree of judgment is required in interpreting and determining the applicability of various laws and regulations. For more information and to apply, please go to https://go.usa.gov/xfnbM. Closes August 24, 2020.

Attorney

Conklin, Woodcock & Ziegler, P.C. is seeking a full-time experienced attorney with at least three years litigation experience for an associate position with prospects of becoming a shareholder. We are a well-respected sevenattorney civil defense firm that practices in among other areas: labor and employment, construction, personal injury, medical malpractice, commercial litigation, civil rights, professional liability, insurance defense and insurance coverage. We are looking for a team player with a solid work record and a strong work ethic. Our firm is AV-rated by Martindale-Hubbell. Excellent pay and benefits. All replies will be kept confidential. Interested individuals should e-mail a letter of interest and resumes to: jobs@conklinfirm.com.

Bar Bulletin - August 26, 2020 - Volume 59, No. 16 27

Request for Applications to Replace Retiring Chief Disciplinary Counsel for the Disciplinary Board of the New Mexico Supreme Court

Deadline for Applications: The Disciplinary Board, an agency of the New Mexico Supreme Court, requests submission of a letter of interest, a Curriculum Vitae, and a minimum of five professional references

by September 9, 2020, to the Disciplinary Board Search Committee c/o Disciplinary Board Chair Hon. Cynthia A. Fry (Ret.), 2440 Louisiana Blvd. NE, Suite 280, Albuquerque, New Mexico, 87110. The position will remain open until a candidate is selected and hired. Nature of work: The position of Chief Disciplinary Counsel is a highly responsible litigation and management position. The work includes directing and supervising the day to day operations of the Office of Disciplinary Counsel which is responsible for the attorney disciplinary system in New Mexico, consistent with New Mexico Supreme Court rules and Disciplinary Board policy. Chief Disciplinary Counsel is responsible for the hiring and supervision of attorneys and other staff in the office and for preparing and implementing the budget of the Disciplinary Board. Subject to the oversight and authority of the New Mexico Supreme Court, Chief Disciplinary Counsel generally reports to and works with the Disciplinary Board, and is responsible to the Supreme Court and the Board. Major Duties and Responsibilities: Directs and supervises the receipt, evaluation, investigation and prosecution of attorney disciplinary complaints and related matters, in accordance with New Mexico Supreme Court rules and other relevant authorities.

Chief Disciplinary Counsel is also expected to maintain an appropriate caseload in addition to the administrative responsibilities described hereinafter. Hires, trains (or arranges for training), supervises, evaluates performance and disciplines attorneys and staff working within the Office of Disciplinary Counsel. Supervises the work of all staff attorneys and staff within the Office of Disciplinary Counsel, monitors the caseload of staff attorneys and non-attorney staff members, reviews case progress to ensure high quality work. Holds regular staff meetings to review the progress on specific assignments and timelines. Ensures that records are properly maintained, including pertinent statistical data regarding the investigation and prosecution of disciplinary complaints.

Oversees the development and implementation of policies, procedures, strategic plans, and other initiatives consistent with Disciplinary Board policy, Supreme Court mandate and the public protection mission of the New Mexico disciplinary system. Oversees the formulation and implementation of shortterm and long-term goals to improve the efficiency and effectiveness of the disciplinary system. Reports to the Disciplinary Board 28

and assists the Board on issues relating to the disciplinary system and helps to prepare and administer the budget of the Disciplinary Board. Establishes and maintains effective working relationships with colleagues within the New Mexico State Bar, other agencies of the New Mexico Supreme Court, and professional relationships with judges.

Is the chief spokesperson for the Office of Disciplinary Counsel and works to educate the public about the disciplinary system as well as encouraging other attorneys within the Office of Disciplinary Counsel to do the same. Assumes other duties as assigned by the Chair of the Disciplinary Board or the New Mexico Supreme Court. (Note, this description of duties and responsibilities is illustrative only and not a comprehensive list of all functions required or performed).

Work Environment and Physical Demands: The following functions are representative, but not all-inclusive of the work environment and physical demands an employee may expect to encounter in performing tasks assigned to this job. Work is performed in an office or court setting. A valid driver's license and travel both in and out-of-state may be required. The assigned work schedule may include nights, weekends and holidays.

The employee must regularly interact positively with co-workers, clients, the public, and judges and justices. This position serves at the pleasure of the New Mexico Supreme Court and the Disciplinary Board and is terminable at will. Pay Range and Benefits; The pay range for this position is $102,000 to $135,000 per year. Benefits include: Medical/Dental/Vision/Rx, Short and Long Term Disability Insurance Programs, employee assistance program (EAP) [http://www.mybenefitsnm. com/]; Paid life insurance, supplemental and dependent life insurance; Paid Vacation, Sick and Personal Leave; Ten (10) paid holidays; Deferred Compensation Plan 457(b) plan; Lifetime Defined Benefits Retirement Plan [http://www.nmpera.org/]; Paid continuing legal education. Qualifications: Active New Mexico law licensure. If the applicant chosen for the position is not currently licensed to practice law in New Mexico, the chosen applicant must successfully obtain an active license to practice law in the State of New Mexico in accordance with Rule 15-102 NMRA, and be admitted to the New Mexico Bar within one year of the date of hire. During the interim, the chosen applicant must immediately obtain a limited license to practice law in New Mexico in accordance with Rule 15-301.1 NMRA, provided, however, that the chosen applicant’s limited license shall not satisfy the active licensure requirement for this position for more than one year from the date of hire. A minimum of ten years of increasingly responsible legal experience, including trial and/or administrative hearings, appellate, governmental and disciplinary experience is preferred. Experience in office

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

management to include program planning, administration, budgeting and human resource management is desired. Extensive knowledge of the rules of professional responsibility and related case law, procedural rules and rules of evidence. Reputation for integrity and no history of disciplinary offenses as an attorney or in any other capacity.

Excellent written and verbal communication skills including public speaking skills.

Excellent interpersonal, communication and conflict management skills. Ability to set priorities and work with various interest groups or individuals. Proficient in the use of office equipment, including standard computers and computer software. Ability to compile data for reporting purposes. Ability to travel within and outside of New Mexico.

Must be willing to submit to a background check which may include, but is not limited to, a criminal background check and a disciplinary background check, and to execute and deliver any and all necessary waivers and releases of information requested by the Board to conduct such checks, including but not limited to waivers and releases for all applications for bar membership, disciplinary history and criminal history.

Personal Injury Attorney

Get paid more for your great work. Make a difference in the lives of others. Salary plus incentives paid twice a month. Great benefits.

Outstanding office team culture. Learn more at www.HurtCallBert.com/attorneycareers.

Or apply by email to Greg@ParnallLaw.com and Bert@ParnallLaw.com . Write “Apples” in the subject line.

Associate Attorney

Jones, Snead, Wertheim & Clifford, PA in Santa Fe is seeking an associate attorney with 2-8 years of experience as a practicing attorney or judicial clerk to join our general litigation practice, including in the areas of commercial and personal injury litigation and labor and employment law. We are looking for attorneys with excellent research and writing skills. The Jones Firm offers competitive compensation and benefits. We encourage you to visit our website at www. thejonesfirm.com to learn about the Firm’s history and areas of practice. Please provide a resume and references to terri@thejonesfirm. com before September 15, 2020.

Lawyer Position

Guebert Gentile & Piazza P.C. seeks an attorney with up to five years’ experience and the desire to work in tort and insurance litigation. If interested, please send resume and recent writing sample to: Hiring Partner, Guebert Bruckner Gentile P.C., P.O. Box 93880, Albuquerque, NM 87199-3880. advice1@guebertlaw.com . All replies are kept confidential. No telephone calls please.

Assistant City Attorney

The City of Albuquerque Legal Department is hiring an Assistant City Attorney position in the Property and Finance division of the City Attorney’s Office. The position will administer the traffic arraignment program, approximately 20 hours per week, requiring the attorney to review, approve and negotiate agreements concerning traffic law violations. The attorney will also assist in areas of real estate and land use, governmental affairs, regulatory law, procurement, general commercial transaction issues, and civil litigation. The department’s team of attorneys provide legal advice and guidance to City departments and boards, as well as represent the City and City Council on matters before administrative tribunals and in New Mexico State and Federal courts.

This is an excellent position for newly licensed attorneys seeking to establish themselves within the legal field of governmental affairs, or for more experienced attorneys desiring to provide public service. Attention to detail and strong writing skills are essential. Applicant must be an active member of the State Bar of New Mexico in good standing or able to attain bar membership within three months of hire.

Salary will be based upon experience. Please submit a cover letter, resume and writing sample to attention of “Legal Department Assistant City Attorney Application” c/o Angela M. Aragon, Executive Assistant/HR Coordinator; P.O. Box 2248, Albuquerque, NM 87103, or amaragon@cabq.gov.

Associate Attorney

Aldridge, Hammar & Wexler, P.A., a wellestablished firm in uptown Albuquerque, practicing in the areas of commercial and business law, estate planning and probate, fiduciary services, real estate, and creditor’s rights is seeking an associate attorney to support the Firm’s Partners in all areas of practice. The ideal candidate is a great communicator, verbally and in writing, quick to accept changing business needs, and eager to learn. Recently licensed attorneys and thirdyear law students considered. Compensation DOE. Please send cover letter, resume and references to Personnel@abqlawnm.com. All inquiries will be maintained as confidential.

Senior Trial Attorney

The 13th Judicial District Attorney’s Office is accepting resumes for an experienced Senior Trial Attorney. This position requires substantial knowledge in the areas of criminal prosecution, rules of criminal procedure and requires handling complex felony litigation. Six years as a practicing attorney in criminal law with significant trial experience is required. Salary is commensurate with experience. Send resumes to Krissy Fajardo, Program Specialist, P.O. Box 1750, Bernalillo, NM 87004, or via E-Mail to: kfajardo@ da.state.nm.us. Deadline for submission of resumes: Open until filled.

Associate Attorney

Associate Attorneys

Mynatt Martínez Springer P.C., an AV-rated law firm in Las Cruces, New Mexico is seeking associate attorneys with 0-5 years of experience to join our team. Duties would include providing legal analysis and advice, preparing court pleadings and filings, performing legal research, conducting pretrial discovery, preparing for and attending administrative and judicial hearings, civil jury trials and appeals. The firm’s practice areas include insurance defense, civil rights defense, commercial litigation, real property, contracts, and governmental law. Successful candidates will have strong organizational and writing skills, exceptional communication skills, and the ability to interact and develop collaborative relationships. Salary commensurate with experience, and benefits. Please send your cover letter, resume, law school transcript, writing sample, and references to rd@mmslawpc.com.

Associate General Counsel

Jobe Materials, L.P., a privately-owned company based in El Paso, is seeking an Assistant General Counsel with a minimum of five years’ experience. Texas and New Mexico bar licenses are preferred. Areas of legal work include commercial real estate transactions, commercial business law, environmental law, administrative law and regulatory compliance, and oil and gas law. Good writing and drafting skills are important. Good opportunity to focus legal skills on a wide variety of projects from inception to completion with a growing company. Salary based on experience. Please send letter of interest, resume, references, and writing samples to: Ralph Wm. Richards, General Counsel, 1150 Southview Drive, El Paso, Texas 79928, or to: ralph@jobeco.com.

Litigation Attorney

With 53 offices and over 1,600 attorneys, Lewis Brisbois is one of the largest and most prestigious law firms in the nation. Our Albuquerque office is seeking associates with a minimum of three years litigation defense experience. Candidates must have credentials from ABA approved law school, be actively licensed by the New Mexico state bar, and have excellent writing skills. Duties include but are not limited to independently managing a litigation caseload from beginning to end, communicating with clients and providing timely reporting, appearing at depositions and various court appearances and working closely with other attorneys and Partners on matters. Please submit your resume along with a cover letter and two writing samples to phxrecruiter@lewisbrisbois.com and indicate “New Mexico Litigation Attorney Position”.

All resumes will remain confidential.

Riley, Shane & Keller, P.A., an AV-rated defense firm formed in 1982 in Albuquerque, seeks an associate attorney for an appellate/ research and writing position. We seek a person with appellate experience, an interest in legal writing and strong writing skills.

The position is full-time with an off-site work option and flexible schedule. We offer an excellent salary and benefits package. Please submit a resume, references and writing samples to 3880 Osuna Rd., NE, Albuquerque, NM 87109 c/o Office Manager, (fax) 505-883-4362 or mvelasquez@rsk-law.com

Assistant City Attorney

The City of Albuquerque Legal Department is hiring an Assistant City Attorney for the Municipal Affairs Division. This attorney will serve as general counsel to the City’s Environmental Health Department (“EHD”) regarding Air Quality issues throughout Bernalillo County including at federal and state facilities. This attorney will provide a broad range of legal services to EHD including, but not limited to, administrative enforcement actions, litigation and appeals, stationary source permits and "fugitive dust" permits, air quality monitoring and quality assurance, guidance regarding EPA grants, control strategies, work with EHD teams to develop new or amended regulations to be proposed to the Albuquerque-Bernalillo County Air Quality Control Board (“Air Board”), attend and represent EHD staff at rulemaking and adjudicatory hearings, review and draft intergovernmental agreements regarding air quality issues, review and draft legislation regarding air quality Attention to detail and strong writing skills are essential. Preferences include: Five (5)+ years’ experience in Environmental or Air Quality law and a scientific or technical background.

Candidate must be an active member of the State Bar of New Mexico in good standing, or be able to become licensed in New Mexico within 3 months of hire. Salary will be based upon experience. Please submit resume and writing sample to attention of “Legal Department Assistant City Attorney Application” c/o Angela M. Aragon, Executive Assistant/ HR Coordinator; P.O. Box 2248, Albuquerque, NM 87103, or amaragon@cabq.gov.

Paralegal

Robles, Rael & Anaya, P.C. is seeking an experienced paralegal for its civil defense and local government practice. Practice involves complex litigation, civil rights defense, and general civil representation. Ideal candidate will have 3-5 years’ experience in the field of civil litigation. Competitive salary and benefits. Inquiries will be kept confidential.

Please e-mail a letter of interest and resume to chelsea@roblesrael.com.

Bar Bulletin - August 26, 2020 - Volume 59, No. 16 29

Paralegal

The City of Albuquerque Legal Department is seeking a Paralegal to assist an assigned attorney or attorneys in performing substantive administrative legal work from time of inception through resolution and perform a variety of paralegal duties, including, but not limited to, performing legal research, managing legal documents, assisting in the preparation of matters for hearing or trial, preparing discovery, drafting pleadings, setting up and maintaining a calendar with deadlines, and other matters as assigned. Excellent organization skills and the ability to multitask are necessary. Must be a team player with the willingness and ability to share responsibilities or work independently. Competitive pay and benefits available on first day of employment. Please apply at https://www. governmentjobs.com/careers/cabq.

Litigation Paralegal

The Carrillo Law Firm, P.C., located in Las Cruces, NM, is seeking a self-motivated litigation paralegal for their busy Las Cruces, New Mexico practice. Relocation to Las Cruces is not required if the applicant has a demonstrated aptitude for remote work. The firm’s areas of practice include civil litigation, employment and labor law, civil rights defense, and insurance litigation. Candidate must possess knowledge of local rules, court filing procedures, have excellent writing and proofreading skills, and be proficient with Microsoft Word, Excel, and Outlook. A degree or paralegal certification is preferred, but weBar will consider experience in 2020 Bulletin lieu of education. Competitive salary and benPublishing and efits offered.

All inquiries are kept confidential.

Please email resumes to deena@carrillolaw.org.

Submission Schedule

The Bar Bulletin publishes twice a month on the second and fourth Wednesday. Advertising submission deadlines are also on Wednesdays, three weeks prior to publishing by 4 pm.

Advertising will be accepted for publication in the Bar Bulletin in accordance with standards and ad rates set by publisher and subject to the availability of space. No guarantees can be given as to advertising publication dates or placement although every effort will be made to comply with publication request. The publisher reserves the right to review and edit ads, to request that an ad be revised prior to publication or to reject any ad. Cancellations must be received by 10 a.m. on Thursday, three weeks prior to publication.

For more advertising information, contact: Marcia C. Ulibarri at 505-797-6058 or email mulibarri@nmbar.org

30

Legal Assistant

Legal Assistant with minimum of 3- 5 years’ experience, including current working knowledge of State and Federal District Court rules and filing procedures, trial preparation, document and case management, calendaring, online research, is technologically adept and familiar with use of electronic databases and legal-use software. Seeking organized and detail-oriented professional with excellent computer and word processing skills for established commercial civil litigation firm. Email resumes to e_info@ abrfirm.com or Fax to 505-764-8374.

Riley, Shane & Keller, P.A. New Positions:

Our AV Rated law firm is expanding so we created two (2) new positions. Please come join us for a professional environment, excellent pay, retirement, employee healthcare and other benefits. Paralegal: Full time, work from home position supporting litigation and trials. Five (5) years’ experience in insurance defense or civil litigation. We seek a team player with a strong word processing and organizational skills. Candidate should be a member of the Paralegal Division of the State of New Mexico or eligible to join.

Construction case experience a plus. Legal Assistant: Full time, in office position supporting shareholders. The position requires five (5) years’ experience in insurance defense or civil litigation. Position requires a team player with strong work processing and organizational skills. Send resume to Riley, Shane & Keller, P.A., office manager, 3880 Osuna Road NE, Albuquerque, NM 87109/ mvelasquez@rsk-law.com

Senior Secretary

Presbyterian Healthcare Services is seeking a Senior Secretary for its Risk Management department (Requisition 2020-15240) to provide extensive administrative support and communication triage support. Manages and updates case files in system. Schedules, tracks, bills and trains PHS staff on criminal and civil subpoenas for court testimony, pre-trial interviews and depositions. Coordinates requests for subpoenas, law enforcement agencies, and other county/state/federal agencies) providing information, routine inquiries, etc. Assist in gathering data and completing insurance policy renewal applications; issuing certificates of insurance; completing requests for claim histories and insurance verification. Legal administrative work experience or paralegal certificate preferred; Notary Public preferred. Able to establish and maintain effective communication with all levels of employees, as well as patients and families, physicians, attorneys, insurance professionals, and people in all aspects of the community and business affiliations. Apply at phs.org/careers: https://careers-phs.icims.com/ jobs/15240/senior-secretary/job?mode=view

Bar Bulletin - August 26, 2020 - Volume 59, No. 16

Services Briefs, Research, Appeals

Leave the writing to me— Experienced, effective, reasonable. cindi.pearlman@gmail.com (505) 281 6797

Office Space Oso Del Rio

Beautiful Rio Grande Boulevard office for 4-6 lawyers & staff. 3707 sq. ft. available for lease July 1, 2020. Call David Martinez 343-1776; davidm@osolawfirm.com

Downtown Santa Fe Office Space Available for Rent

Large one room office space available for rent.

Office large enough for desk, filing cabinets, sitting area and/or assistant space. One block from The Capitol and a couple blocks from the Courthouse. Office includes a private entry, parking space, wi-fi, phone and includes use of a copy room and conference room. Office is furnished or could be cleared out if the tenant brings furniture. Opportunity exists for personal injury and other referrals. Contact Lee Hunt at lee@huntlaw.com for details.

Professional Downtown Location

Executive office suite available on the 5th floor of the prestigious Albuquerque Plaza Building. This Class A office space provides fully furnished offices with IT, dedicated phone line, mail services and full-time receptionist. Parking access and flexible lease terms are available. Please contact Leasing Manager, Cindy Campos at 505-270-4168.

Miscellaneous Want To Purchase

Want to purchase minerals and other oil/ gas interests. Send details to: P.O. Box 13557, Denver, CO 80201

New Mexico Reporters

For Sale: Volumes 1 to 150 and 1-12 of NM case law reports, up to about 2018, for $1900.

Also about 26 volumes of West NM Statutes Annot., not updated, $200. Email Michael Hoeferkamp at mike@hoeferkamp.com or call 505/506-0745.

For Sale: Original NM Reports

7 volumes # 86-108; $50.00 each. like new. 6 additional volumes # 1913, 1935, 1937, 1939 and 1947; $70.00 each. Plus two filing cabinets 1 beige, side filing, legal width, 3 drawer, $100; 1 beige, same, 4 drawer, $100; 1 black, same, 2 drawer $75. Call 505 266 5493; leave message, if na.

SAVE THE DATE!

2020

Annual Meeting

and Member

Appreciation Event Friday, Sept. 25 Virtual event • FREE

The State Bar of New Mexico is pleased to announce our 2020 Annual Meeting and Member Appreciation Event. The event will be held virtually and will be free to all members. It will offer at least four hours of CLE credit.

CLE Topics: Access to Justice Issues in the Era of COVID-19 Presentation on Wellness and Diversity in the Legal Profession Updates from the Supreme Court in the Time of COVID-19 Plus: Remarks from President Tina Cruz and the Chief Justice of the Supreme Court Annual Awards Presentation Sponsorship opportunities are available!

www.nmbar.org/annualmeeting

Bar Bulletin - August 26, 2020 - Volume 59, No. 16 31

Cuddy & McCarthy is proud to announce the following Partners have been selected by their peers for inclusion in The Best Lawyers in America © 2021 PATRICIA SALAZAR IVES has been named Best Lawyers® 2021 Administrative/Regulatory Law “Lawyer of the Year” in Santa Fe JAMES S. RUBIN has been named Best Lawyers ® 2021 Litigation – Land Use and Zoning Law “Lawyer of the Year” in Santa Fe John F. McCarthy – Real Estate Law K. Stephen Royce – Litigation – Insurance Julie A. Wittenberger – Family Law James S. Rubin – Land Use & Zoning Law & Real Estate Law Litigation – Land Use and Zoning Law Patricia Salazar Ives – Administrative/Regulatory Law

SANTA FE OFFICE 1701 Old Pecos Trail Santa Fe, NM 87505 Tel: 505-988-4476 • Fax: 888-977-3814

ALBUQUERQUE OFFICE 201 Third Street, N.W., Suite 1300 Albuquerque, NM 87109 Tel: 505-888-1335 • Fax: 888-977-3816

www.cuddymccarthy.com